While timelines for a California divorce vary, it typically takes about six months. However, many take longer than a year. Most divorcing couples want to move on with their lives. When a couple needs to start living as if they are single while their divorce is still pending, a bifurcated divorce is a solution.
Bifurcated divorce allows certain issues to be resolved separately and potentially more quickly than others. This article will explore bifurcated divorce, how it works in California, and the pros and cons of choosing this path.
What is Bifurcated Divorce in California?
A bifurcated divorce allows for a dissolution of marriage to be fast-tracked while other issues of the divorce are resolved. California Family Code Section 2337 addresses bifurcated divorce, allowing a divorce to be separated into two separate parts.
- First, the dissolution of the marriage is addressed. The court can enter a judgment that returns each party to the legal status of single. Because of this, bifurcated divorce is sometimes referred to as a status-only dissolution.
- Second, the issues of property division, child custody and visitation, and spousal support are addressed.
How Does Bifurcated Divorce Work in California?
There is a basic process for getting a bifurcated divorce in California, which we describe below. However, it is recommended that you retain the services of a qualified Bakersfield divorce attorney, as bifurcation can be challenging.
Waiting Period
There is a six-month waiting period from the date the Petition of Dissolution of Marriage is served to file for a bifurcated divorce in California. This time allows the couple to reconsider their decision, decide if reconciliation is possible, and give them the chance to work out the details of the divorce.
Declaration of Disclosure
You must file and serve the Declaration of Disclosure before the court will consider a bifurcation. This document is required for all divorces. It lists the petitioner’s (the person requesting the divorce) assets, debts, income expenses, properties, and other financial information.
Appearance in Court
After the motion for bifurcation and Declaration of Disclosure are filed, you and your attorney will appear in court. At this time, the court will determine if they will grant your request.
If your request is granted, conditions may be imposed on you to protect your spouse from negative consequences of the bifurcation. Conditions may include retaining medical insurance for your spouse and holding them harmless if the bifurcation results in your loss of rights such as social security or retirement benefits, probate homestead, etc.
Pros and Cons of Bifurcated Divorce
As with anything, there are advantages and disadvantages of a bifurcated divorce. Let’s take a look at each.
Pros of Bifurcated Divorce
- Quicker Termination of Marital Status — One of the primary benefits of bifurcation is that it allows for a quicker end to the marriage. This can be crucial for individuals who wish to remarry or simply move on with their lives without the legal constraints of being married.
- Emotional Closure — For many, obtaining a legal divorce can provide emotional closure and a sense of moving forward, even if other issues remain unresolved. It can be a significant step in the healing process after a separation.
- Reduction of Conflict — In some cases, separating marital status from other contentious issues can reduce overall conflict. Resolving one aspect of the divorce may make it easier to negotiate and settle the remaining issues.
- Financial Benefits — If one party is entitled to benefits such as health insurance contingent on marital status, bifurcation can allow the other party to move on financially while still receiving these benefits during the pending litigation.
Cons of Bifurcated Divorce
- Complexity and Cost — Bifurcated divorces can be more complex and expensive than standard divorces. Because the process involves multiple legal proceedings, it can lead to increased attorney fees and court costs.
- Prolonged Litigation — While bifurcation can quickly end the marriage, it does not resolve all issues. This can result in prolonged litigation, as parties must still negotiate or litigate remaining matters such as property division, custody, and support.
- Increased Stress — For some, the bifurcation process can be stressful, as it may involve multiple court appearances and continued legal battles over unresolved issues. This can add to the emotional toll of the divorce process.
- Potential Unfairness — In certain situations, one party may feel that bifurcation is unfair, particularly if they believe it is being used as a tactic to gain an advantage in other divorce-related matters. This can lead to feelings of resentment and mistrust, further complicating negotiations.
Still Have Questions? Azemika & Azemika Can Help
A bifurcated divorce can be an excellent option for California couples who wish to legally declare themselves single while waiting for the divorce process to finalize. By understanding the pros and cons, you can make an informed decision about whether this option suits your situation. As with any legal matter, seeking the guidance of an experienced divorce attorney is essential.
At Azemika & Azemika, our practice deals exclusively with family law cases, which allows us to efficiently handle cases involving divorce, dissolution of domestic partnerships, child custody, visitation, child and spousal support, and paternity. With over 64 combined years of experience handling family law cases, you can rest assured knowing that our team will provide the aggressive, knowledgeable, and affordable representation you deserve.
Contact us today for a consultation.
