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now he wants the bifurcation reversed!

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C

cjinca

Junior Member
What is the name of your state?What is the name of your state? California

my husband was granted a bifurcation status only last Oct., now he wants it reversed because he agreed to pay my insurance and it is due next week. what are the grounds to oppose the judge of reversing the bifurcation. He agreed in court to pay the insurance costs, but never filed the order. just took the reduction in support until i filed the order and now the deadline to pay the insurance is here. i do not want it reversed, i have financial situations that will be affected. Any advice, he is filing for a short time hearing next thurs, as the payment is due on friday!
help.
 


I

I AM ALWAYS LIABLE

Senior Member
cjinca said:
What is the name of your state?What is the name of your state? California

my husband was granted a bifurcation status only last Oct., now he wants it reversed because he agreed to pay my insurance and it is due next week. what are the grounds to oppose the judge of reversing the bifurcation. He agreed in court to pay the insurance costs, but never filed the order. just took the reduction in support until i filed the order and now the deadline to pay the insurance is here. i do not want it reversed, i have financial situations that will be affected. Any advice, he is filing for a short time hearing next thurs, as the payment is due on friday!
help.
Click to expand...

My response:

First of all, was the Dissolution granted, signed, served and filed?

Seconds, in his papers, what are his LEGAL GROUNDS under CCP 473? What does his Declaration say?

His ex-parte motion for an order shortening time will, more than probably, be denied because he was the one that caused the emergency.

IAAL
 
C

cjinca

Junior Member
The hearing was Oct. 28, the motion for bifurcation was granted. but not prepared and signed until April 8, 2005. His reason in court was he could not have 2 wives on his insurance and that I needed to get on with my life. He stated no supporting facts on his declaration. The judge was so clear that he would have to pay my insurance. Was a reallly stupid thing to do, obviously as his insurance is free through the union. Do I have grounds to seek attorney fees for the hearing as it was his motion that was granted and that he now wants thrown out? Also, is it possible to recoup the $250 support reduction per month he received because the court thought he was paying the insurance since oct. and figured it in the dissomaster?

thanks so much for your advice and time

cj
 
I

I AM ALWAYS LIABLE

Senior Member
cjinca said:
The hearing was Oct. 28, the motion for bifurcation was granted. but not prepared and signed until April 8, 2005.

MY RESPONSE: Do you want help? Did I ask you for this information? I asked you, "was the Dissolution granted, signed, served and filed?"

IAAL
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C

cjinca

Junior Member
I apologize for not being clear. No the dissolution has not been granted, we still have all property, investment and equity division to work out, all we have is a temp. support order and the bifurcation. I suppose the next step is a settlement conference which I am looking into.
 
I

I AM ALWAYS LIABLE

Senior Member
cjinca said:
yes, after looking through everything, the dissolution was granted served and signed.
Click to expand...

My response:

Then, obviously - - at least to me and everyone else - - he doesn't have a prayer. Once a Dissolution has been granted, then there's nothing to go back to. The court can't "re-marry" him to you.

Apparently, he's doing this on his own without an attorney.

IAAL
 
C

cjinca

Junior Member
Thank you so much. Exactly my thoughts, he does have a lawyer, though. He didnt have one when he filed for this idiotic motion. I so appreciate you reaffirming my thoughts and giving me a glimmer of hope in the system doing the right thing. I am slightly disenchanted as the reason it took so long for the order to be filed is my first attorney simply stopped working on my case, (flat fee lawyer), and is now under investigation with the state bar.

once again thanks so much for your time and positive thoughts.

cj
 
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