Want divorce, stuck in financial logistics

[Holding Pattern]

Hello, I am in California and filed for divorce in July, 2010. My husband responded initially but was fired by his lawyer in November. We have agreed on child custody and spousal support, which is now in effect but he has stopped responding to requests to settle the assets and debts portion. He will not provide an address to be served papers and continues to cancel meetings with my attorney. He has not turned in his asset and debt schedule. I want to move forward with the divorce portion and settle the financial piece in court but my lawyer says we cant do that, this needs to be settled at the same time. We must first serve him with an asset and debt schedule (to document that he was given one) then have a mandatory mediation meeting then go to court and settle the financial piece with the divorce.

So my question is this: Is my lawyer correct? I cant divorce without the financial settlement? Even after 11 months? Any information would be very helpful. Thank you.

 

[mistoffolees]

Hello, I am in California and filed for divorce in July, 2010. My husband responded initially but was fired by his lawyer in November. We have agreed on child custody and spousal support, which is now in effect but he has stopped responding to requests to settle the assets and debts portion. He will not provide an address to be served papers and continues to cancel meetings with my attorney. He has not turned in his asset and debt schedule. I want to move forward with the divorce portion and settle the financial piece in court but my lawyer says we cant do that, this needs to be settled at the same time. We must first serve him with an asset and debt schedule (to document that he was given one) then have a mandatory mediation meeting then go to court and settle the financial piece with the divorce.

So my question is this: Is my lawyer correct? I cant divorce without the financial settlement? Even after 11 months? Any information would be very helpful. Thank you.

It IS possible to get a divorce without having the financial matters settled (it's called bifurcation), but it is generally not a good idea. Better to get everything sorted out at once. The longer the finances are dragged out, the more complex the division becomes.

 

[Holding Pattern]

Thank you for your reply mistoffolees! I looked up the definition of bifurcation and it looks perfect to me.

"In especially bitter divorces, a bifurcation can prevent one spouse from trying to wield power over the other spouse’s personal life by delaying the ultimate resolution of the case. Some believe that a bifurcation in that instance takes a bit of wind out of the sails of the stalling party. The case may not be over but the parties are divorced and free to live their lives as single people."

I do have one question, why would this not be a good idea? This looks as the sollution to me.

 

[LdiJ]

Thank you for your reply mistoffolees! I looked up the definition of bifurcation and it looks perfect to me.

"In especially bitter divorces, a bifurcation can prevent one spouse from trying to wield power over the other spouse’s personal life by delaying the ultimate resolution of the case. Some believe that a bifurcation in that instance takes a bit of wind out of the sails of the stalling party. The case may not be over but the parties are divorced and free to live their lives as single people."

I do have one question, why would this not be a good idea? This looks as the sollution to me.

It can also have a negative effect. If you are already divorced, and your ex is free to live life as a single person, it might slow down their motivation to get the financial portion handled.

The worst case I ever saw was my aunt's. It took a full 20 years for their property settlement to be final.

 

[Holding Pattern]

In our case my ex wants this to be settled in court so it should not drag on, I just want to be divorced now. What would be the steps I have to take in order to get a bifurcation devorce on my own? Do I need to go through my lawyer?

 

[LdiJ]

In our case my ex wants this to be settled in court so it should not drag on, I just want to be divorced now. What would be the steps I have to take in order to get a bifurcation devorce on my own? Do I need to go through my lawyer?

Yes, you need to go through your lawyer. Bifurcation would be something done within your existing divorce case.

 

[mistoffolees]

It can also have a negative effect. If you are already divorced, and your ex is free to live life as a single person, it might slow down their motivation to get the financial portion handled.

The worst case I ever saw was my aunt's. It took a full 20 years for their property settlement to be final.

It also complicates the property division.

If you get a divorce and handle everything quickly, you divide the assets as of the date of the divorce. If you bifurcate, the retirement accounts continue to grow, mortgage continues to get paid down, house continues to appreciate. Dividing up the assets then becomes a much more complicated problem.