jloffman said:
I'm a California resident (native), and have been separated from my husband for quite some time now. He is wealthy, I am not. He can afford multiple divorce attorneys, while I have been saving so that I can retain the services of someone who can represent me. In addition, my husband keeps insisting that we "work out" the terms of our divorce amicably, and have our divorce done without the aid of attorneys (I'm guessing because he knows that I'm legally entitled to many community property assets, and he has already told me that I have no legal interest in them).
I have fallen deeply in love with an amazing man, and we both wish to marry very soon. Can I obtain a divorce by bifurcation here in California, and work out the asset division later?
Thank you for any help!
My response:
Yes, but be aware that the court may not terminate marital status pursuant to Fam C §2337 or as a part of a comprehensive judgment of dissolution of marriage before the 6-month time limitation provided in Fam C §2339. However, if the 6 months has lapsed, for good cause shown or on agreement of the parties, the court may either specify a date at which the marital status will terminate or it may retain jurisdiction to terminate marital status at a later date upon noticed motion.
It is fairly common in family law matters to bifurcate certain substantive issues from the others and have separate determinations on the bifurcated issues. CRC 1269 permits the court on a noticed motion, stipulation of the parties, or on its own motion, to bifurcate one or more substantive issues to be tried separately from other issues in the case. The purpose stated in Rule 1269 for bifurcating and trying issues separately is to simplify the determination of the case’s other issues. [In re Marriage of Wolfe (1985, 1st Dist) 173 Cal App 3d 889, 219 Cal Rptr 337; In re Marriage of Bergman (1985, 1st Dist) 168 Cal App 3d 742, 214 Cal Rptr 661; Rifkind v Superior Court of Los Angeles County (1981, 2nd Dist) 123 Cal App 3d 1045, 177 Cal Rptr 82
Family code §2337 authorizes the court, upon noticed motion, to bifurcate and terminate the issue of marital status independently of all other issues in the case. In so doing, the court may also impose on the party seeking termination of marital status certain conditions that are specified in Fam C §2337, and any other conditions that the court determines to be just and equitable under the circumstances of the particular case. The specified conditions are (1) indemnification of the other party from adverse tax consequences resulting from the bifurcated termination of marital status, (2) maintaining the other party on employer-provided health insurance or paying for health insurance or medical care for the other party, or both, (3) indemnifying the other party from loss of rights to a probate homestead, (4) indemnifying the other party from the loss of a probate family allowance, (5) indemnifying the other party as to loss of benefits under employee benefit plans, and (6) requiring the joinder of an employee benefit plan, together with related relief.
Good luck to you.
IAAL
