How the best way to file for dissolution but bifurcate some legal issues

[batmanqweasd]

What is the name of your state (only U.S. law)? California

Unfortunately, I would like to dissolve a 6 year marriage. THe dissolution is amicable at this point. However, due to the economy and whether my spouse will remarry will affect property settlement and alimony. THerefore, I would like to dissolve the marriage immediately. HOwever, I would like bifurcate or defer the property settlement issue and alimony to two years.

How do I go about doing this without hiring an attorney in the Los Angeles area?

Also, if anyone knows of any helpful websites that can assist in this matter. It would be greatly appreciated in this dire time.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

Unfortunately, I would like to dissolve a 6 year marriage. THe dissolution is amicable at this point. However, due to the economy and whether my spouse will remarry will affect property settlement and alimony. THerefore, I would like to dissolve the marriage immediately. HOwever, I would like bifurcate or defer the property settlement issue and alimony to two years.

How do I go about doing this without hiring an attorney in the Los Angeles area?

Also, if anyone knows of any helpful websites that can assist in this matter. It would be greatly appreciated in this dire time.

So, in other words, you want your divorce NOW for your own personal purposes, but want to screw over your STBX in order to make sure they have to wait for their fair share of the marital property. All of this because you believe your STBX was unfaithful, will seize the opportunity to remarry fairly quickly, and you're not happy about that. Does that about sum it up?

If alimony is appropriate, they won't likely get it for long out of a mere 6-year marriage. You could certainly ask that alimony be terminated upon remarriage.

As for getting their fair share of marital assets, if you're not willing to wait to get divorced, then why should they have to wait for the disbursement of assets?

 

[single317dad]

It could also be that OP wants the divorce now because the spouse was unfaithful and OP no longer wishes to remain married to an unfaithful spouse, but the property division and other matters will slow down the entire process.

http://law.onecle.com/california/family/2337.html

(a) In a proceeding for dissolution of marriage, the court,
upon noticed motion, may sever and grant an early and separate trial
on the issue of the dissolution of the status of the marriage apart
from other issues.

I read the whole thing; there's no mention of screwing anyone out of anything.

Bifurcation is frowned upon by some courts as severely complicating the matter. Research material for OP:

http://www.divorcesource.com/research/edj/bifurcation/98jun61.shtml
http://californiareaming.blogspot.com/ (a blog, light on legal info and heavy on soapboxing, but written by a guy who represented himself partially in a bifurcated CA divorce, so maybe useful)

 

[Bali Hai]

So, in other words, you want your divorce NOW for your own personal purposes, but want to screw over your STBX in order to make sure they have to wait for their fair share of the marital property. All of this because you believe your STBX was unfaithful, will seize the opportunity to remarry fairly quickly, and you're not happy about that. Does that about sum it up?

If alimony is appropriate, they won't likely get it for long out of a mere 6-year marriage. You could certainly ask that alimony be terminated upon remarriage.

As for getting their fair share of marital assets, if you're not willing to wait to get divorced, then why should they have to wait for the disbursement of assets?

Because apparantly the law provides for that. OP reports the dissolution is amicable. If stbx spouse agrees, it's none of your business.

Usually state statute provides for termination of alimony upon remarriage and does not need to be in the decree.