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Bifurcation procedures?

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What is the name of your state? UT/WY

What is the procedure in UT for Bifurcating the divorce? Does it need to be done via process server? Or can agreeing parties just sign a motion and submitt it to the courts?

Can I pay someone such as a paralegall or attorney to prepare the document for me without retrining an attorney for the other proceedings?

Anyone with any experience or knowledge of this procedure?
 


Ohiogal

Queen Bee
What precisely do you want to bifurcate? The property settlement from the actual legal divorce or what? More details are necessary but usually it is not up to an individual to bifurcate a divorce.
 
Ohiogal said:
What precisely do you want to bifurcate? The property settlement from the actual legal divorce or what? More details are necessary but usually it is not up to an individual to bifurcate a divorce.
YES I WANT THE LEGAL DIVORCE FINALIZED! It can be seperated from Custody, support , visitation and debt property issues.

hOW CAN i ACCOMPLISH THIS, OR AM i IN TORMENT AND BONDAGE FOR NO JUST REASONS?
 

Ohiogal

Queen Bee
frcisafraud said:
YES I WANT THE LEGAL DIVORCE FINALIZED! It can be seperated from Custody, support , visitation and debt property issues.

hOW CAN i ACCOMPLISH THIS, OR AM i IN TORMENT AND BONDAGE FOR NO JUST REASONS?
Judges don't like to do that. It doesn't matter why you want it but the only times I have heard of it happening is if the other party has been served by publication and didn't show up -- then they can't decide property at times. YOu can't just get a divorce and go from there. The quickest way -- give your ex everything he/she wants and let it go at that. Agree to all your ex's demands and make the divorce uncontested.
 
Ok

So then I can sign the documents and then file a motion to change the decree?

Any logical ideas as to why the "Judges" do not like that?
 
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Ohiogal

Queen Bee
frcisafraud said:
So then I can sign the documents and then file a motion to change the decree?

Any logical ideas as to why the "Judges" do not like that?
Judicial economy and efficiency. It is easier and more efficient to settle everything at once. And no you cannot sign the documents and the motion to change the decree unless there is a legal reason to do it which you would not have. (Changing your mind or feeling forced into it is not a reason).
 
Not common?

I know it isnt common, but here is a quote I recieved from an attorney today!

"Bifurcation grants an immediate divorce. If you and your spouse do not agree, the judge can still approve the bifurcation. Bifurcation means that you are divorced now and the other issues are reserved for later resolution or trial."
I had this confirmed by an attorney General. I realize it could vary from Judge to Judge?

I have discovered most attorneys do not understand or promote Bifurcation of the Legal divorce. Maybe because it isnt common, but I tend to believe a disputing couple still married for three years in some cases may be inefficient for the courts but more pocket padding for scrupolous attorneys! Your answer may bve right but doesnt seem logical in my mind because disputing couples consume the courts time anyway? 1 more motion isnt going to change that much? I may be wrong but I dont even see a reason for a hearing. If I were the judge and a couple were at a dead end together I couldnt justify not granting a divorce, but then again I do have a concience, and I know not all judges and attorneys do. Also I expect they get frustrated dealing with these issues and become somewhat numb after a while as a survival mechanism?
 

Ohiogal

Queen Bee
frcisafraud said:
I know it isnt common, but here is a quote I recieved from an attorney today!

"Bifurcation grants an immediate divorce. If you and your spouse do not agree, the judge can still approve the bifurcation. Bifurcation means that you are divorced now and the other issues are reserved for later resolution or trial."
I had this confirmed by an attorney General. I realize it could vary from Judge to Judge?

I have discovered most attorneys do not understand or promote Bifurcation of the Legal divorce. Maybe because it isnt common, but I tend to believe a disputing couple still married for three years in some cases may be inefficient for the courts but more pocket padding for scrupolous attorneys! Your answer may bve right but doesnt seem logical in my mind because disputing couples consume the courts time anyway? 1 more motion isnt going to change that much? I may be wrong but I dont even see a reason for a hearing. If I were the judge and a couple were at a dead end together I couldnt justify not granting a divorce, but then again I do have a concience, and I know not all judges and attorneys do. Also I expect they get frustrated dealing with these issues and become somewhat numb after a while as a survival mechanism?
Another hearing to grant a divorce is another 1 hour of time at least. Whereas if the property is all settled (which takes the most time and money anyway -- second only to custody of children but you have not mentioned that) then the divorce itself becomes an afterthought. If you want the divorce bifurcated, it requires a trial to prove that there are grounds. This trial is separate. Then there is a trial for the property and such.
So it takes more time to bifurcate. Not to mention tha tif someone wants to be divorced they normally will try to solve all the property issues instead of dragging it out forever in order to get a divorce.
Bifurcation is not common and it is not because of attorneys. Or judges. It is because the human nature of people. If you want a divorce you are more willing to work on the side issues of property. If you have the divorce then you can waste the next 10 years fighting about what tupperware you get because you have already moved on and remarried and whatever and the divorce therefore doesn't matter.
 
Tupperware

No offense to you tupperware houswives, but fighting over tupperware is STUPID! I actually saw papers with person items such as paperclips listed? Go figure?

My case doesnt involve any property disputes, its soley the custody and visitation and issues regarding the children. potentially a few items of debt that are minmal and I wouldnt spend a dollar to save a dime, as you suggest....STUPID!

Anyway since there are no property issues in dispute are you suggesting I need a hearing to bifurcate the legal divorce?

BTW, thanks for the info!
excuse my occassional attitude, I am tired of spending countless hours defending myself against crimes and claims I didnt committ! rrrrr...
 

Ohiogal

Queen Bee
frcisafraud said:
No offense to you tupperware houswives, but fighting over tupperware is STUPID! I actually saw papers with person items such as paperclips listed? Go figure?

First of all I am not a tupperware housewife -- I am an attorney who practices family law. But I do agree -- fighting over tupperware is stupid and I see it done. A lot more than one would think.

My case doesnt involve any property disputes, its soley the custody and visitation and issues regarding the children. potentially a few items of debt that are minmal and I wouldnt spend a dollar to save a dime, as you suggest....STUPID!

Custody and visitation are even more convoluted because to change custody and visitation from a decree you need to prove the change is in the best interest of the child(ren). Support is pretty cut and dried due to statutory calculations unless you want deviations. It is best if you can come to an agreement over those issues. Debt that is minimal -- how minimal? And you are thinking smart but many many people don't think that way. They want what they want when they want and the courts are use to those that do that. Hence a bifurcated divorce is NOT what a judge wants to deal with and they will often deny such a thing for the reasons I explained. It is very uncommon to allow a bifurcated divorce to go through.

Anyway since there are no property issues in dispute are you suggesting I need a hearing to bifurcate the legal divorce?

BTW, thanks for the info!
excuse my occassional attitude, I am tired of spending countless hours defending myself against crimes and claims I didnt committ! rrrrr...
If you want to attempt to bifurcate it then file a motion asking for a hearing and see what the judge says. the worst that happens is you are told no. (Expect that but you never know.)
 

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