Bifurcation and Status-Only Divorces

Certain parts of a divorce such as the division and valuation of property, child custody, child support and spousal support can take longer to resolve than we would like. This is equally true whether the parties are negotiating or are preparing for trial. They may bifurcate the issue of marital status and reserve the court’s jurisdiction over all other matters. This can give them the peace of mind knowing that they are divorced, can move on with their lives, and can even remarry, while knowing that they will have the time necessary to properly resolve the other divorce issues.

A status-only divorce helps some people to resolve their more complex financial and custody issues in a detached and amicable manner, and helps save the emotional and financial costs of unnecessary litigation. In today’s economic downturn, people are looking for ways to minimize the costs of divorce. One way to do this, particularly there are issues that may require prolonged litigation or when one of the parties wants to remarry, may be a status-only divorce.

Bifurcating the Date of Separation, Value of an Asset, and Other Key Issues

The determination of a single issue may have an enormous impact on the outcome in a divorce. For example, one of the factors that a California court must consider when determining spousal support is the length of the marriage. The length of the marriage is the time between the date of marriage and the date of separation. If there is a disagreement over the date of separation, this can lead to litigation over the proper amount of spousal support. If the issue of date of separation is bifurcated, a small trial is conducted where the court decides the sole issue of the date of separation. The decision can provide the parties with enough information for them to resolve spousal support without going to trial.

Other key issues that are bifurcated for a separate trial include the characterization of an asset or debt as commuity property or separate property, and the value of an asset such as a home or a business. In the present economy with real estate prices so far down, it is important to know how much income is in a family home before expending resources fighting over it.

Consult with a Family Law Attorney about Bifurcation

Bifurcating a divorce may have serious tax consequences. It is not right for everyone. It can effect your health care and retirement costs, benefits, and obligations. If you are interested in bifurcation and you have a pending divorce , or if you are thinking about filing for divorce, contact a los angeles family law attorney for a free consultation.

Separate – Separate Property

One part of a divorce is the division of property. California is a community property state. All property obtained by either party during marriage is presumed to be community property and jointly owned 50/50, unless the acquisition of the property was the result of a gift or inheritance. Any property acquired during marriage that can be traced to separate property is also separate property. All other property, including property that was acquired before marriage or after the date of separation is separate property. Certain actions and/or agreements between the parties can transmute or change the character or the property from community property to separate property or vice-versa. Classification of marital assets as separate property or community property directly effects who gets what and how much.

Separated – Date of Separation

Normally, people consider themselves separated if they have left or been left by their spouse. This can be when you are considering filing for divorce, waiting to file for divorce, or have already filed for divorce. For California family law purposes, the date of separation is the date when either of the parties does not intend to resume the marriage. The date of separation is a precise date with important legal consequences. First, all property obtained after the date of separation is separate property instead of community property. Second, The date of separation, not the date of filing or the date of divorce is used to compute the length of marriage. In some cases, the date of separation is so important that the divorce is bifurcated or divided into two cases, with a separate trial held first to determine the date of separation.

Separation – Legal Separation

Legal separation is an alternative to divorce. In a legal separation, the custody, visitation, property and support issues are all resolved or decided by the court. The main difference between legal separation and divorce is that after a legal separation, the parties are still married. Legal separation is preferred to divorce in two types of cases. First, legal separation is useful for people who want an end to the marital relationship and want the court’s protection over property, support, and/or children but do not want to be divorced for various reasons. Reasons for preferring legal separation include religious beliefs and maintaining health insurance coverage that requires the parties to be married. Second, legal separation is used by people who do not meet the residence requirements for a divorce in California. Filing for a legal separation lets you request support, and property restraining orders before you could if you did not meet the six month state, or three month county residency requirements required for a divorce. A person can file for legal separation, and then once the residency requirements for dissolution are satisfied, amend the original petition for legal separation to a new petition for divorce, using the original petition’s filing date.

If you are thinking about filing for a divorce or a legal separation, you can call a Los Angeles family law attorney to schedule a free consultation.