A little help

[married_tomoron]

What is the name of your state? CA
Hi I filed for divorce in Aug. 2006, my stbx responded with an annulment based on fraud, 15 years married. No kids.
He has now dropped the annulment and asked for a Bifurcation of the dissolution. We still have not received any financial disclosures, which I know are supposed to be done before asking for the bifurcation. I know if he gets the dissolution separated from the financial stuff that it will cause the financial stuff to be dragged on forever.
He has moved out of state and has never showed for a court date. He has been hiding community funds, I have not had access to any of the business since the divorce started. We really don't have any assets other than a business which is primarily just cash flow. He has not done any paperwork without having the court order it done. He has no showed at depositions, ect. ect....

Is there anything that justifies good cause for why a bifurcation should not be granted?

I just feel that if the dissolution is separated from the other stuff, then he will postpone and delay the settlement part of the divorce, and I really really don't want to be in court for the next decade.
Other than the dissolution what incentive is there to reach an agreement on the other stuff?

 

[osmosis]

What is the name of your state? CA
Hi I filed for divorce in Aug. 2006, my stbx responded with an annulment based on fraud, 15 years married. No kids.
He has now dropped the annulment and asked for a Bifurcation of the dissolution. We still have not received any financial disclosures, which I know are supposed to be done before asking for the bifurcation. I know if he gets the dissolution separated from the financial stuff that it will cause the financial stuff to be dragged on forever.
He has moved out of state and has never showed for a court date. He has been hiding community funds, I have not had access to any of the business since the divorce started. We really don't have any assets other than a business which is primarily just cash flow. He has not done any paperwork without having the court order it done. He has no showed at depositions, ect. ect....

Is there anything that justifies good cause for why a bifurcation should not be granted?

I just feel that if the dissolution is separated from the other stuff, then he will postpone and delay the settlement part of the divorce, and I really really don't want to be in court for the next decade.
Other than the dissolution what incentive is there to reach an agreement on the other stuff?

As I understand it, most California courts require the filing of a motion for bifurcation, although some courts allow it to be done simply by filing a written stipulation. If a motion is required, the attorney must prepare appropriate court papers, which must then be filed with copies mailed to the spouse or his/her attorney. Approximately 3-6 weeks after the motion is filed, the requesting spouse and his/her attorney have to appear before the judge, who will almost always grant the request.

The judge will usually impose certain "conditions" on the granting of a bifurcation. These include: (1) The obligation to reimburse opposing party for any tax consequences or loss of right to claim probate homestead or family allowance; (2) The employee-spouse must maintain existing medical insurance for the other spouse; (3) The employee-spouse must indemnify the other spouse for loss of pension death benefits. In addition, the law requires that, before a bifurcation is granted, the pension plans of the spouses must be joined in the dissolution case.

I don't see any reason why it would not be granted.

 

[married_tomoron]

Well I am hoping that it isn't granted as it will drag this case on and on. So far we have been in court only to order the ex to do what is required.
We haven't gotten his disclosures which are required to be exchanged, and are even in the family code for the bifurcation. It said that disclosures must be done prior to or with the noticed motion for bifurcation. So far no sign of them.
Won't the Judge take into account that the delays so far have been because of his false accusations of fraud (for the annulment) his delaying tactics in not doing paperwork, not answering interrogatories, ect. ect into account?
If the incentive of the divorce itself is taken away, This whole thing could take many years.

 

[osmosis]

by granting the bifurcation, the judge will dissolve the marriage - which is definitely what you want.

In the second part of my last response

The judge will usually impose certain "conditions" on the granting of a bifurcation. These include: (1) The obligation to reimburse opposing party for any tax consequences or loss of right to claim probate homestead or family allowance; (2) The employee-spouse must maintain existing medical insurance for the other spouse; (3) The employee-spouse must indemnify the other spouse for loss of pension death benefits. In addition, the law requires that, before a bifurcation is granted, the pension plans of the spouses must be joined in the dissolution case.

which means the judge will address financial issues and any remaining issue not dealt with will be set for hearing soon after. If he doesn't comply with the courts, it's contempt.

 

[married_tomoron]

by granting the bifurcation, the judge will dissolve the marriage - which is definitely what you want.

In the second part of my last response

which means the judge will address financial issues and any remaining issue not dealt with will be set for hearing soon after. If he doesn't comply with the courts, it's contempt.

He doesn't seem to be fazed by warnings of contempt, it's hard to enforce when he lives out of state and doesn't show for court.

 

[osmosis]

What state is he in?

 

[married_tomoron]

What state is he in?

New York Also he has already cut off my medical and auto insurance, and its highly possible that he has already withdrawn his retirement. So having the Judge order he keep them doesn't help.

 

[osmosis]

New York Also he has already cut off my medical and auto insurance, and its highly possible that he has already withdrawn his retirement. So having the Judge order he keep them doesn't help.

He cut these off before the divorce is final? That's probably going to get him in trouble.

 

[married_tomoron]

He cut these off before the divorce is final? That's probably going to get him in trouble.

Yeah, but I hope that it also shows that he has no regard for any orders the Judge gives. And that once the dissolution is granted that he will take his sweet time finishing the divorce and continue hiding our business assets.
It's not that I don't want to be divorced from the guy, its just that I want the whole thing done. And I know him well enough to know that once he gets what he wants he won't do anything to finish.