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.

Pre-nuptial and Post-nuptial Agreements

Most people are familiar with pre-nuptial, or pre-marital agreements. A pre-nuptial agreements is a contract between a couple made before they marry. The agreement can divide or allocate property, support, debt or almost any other financial element of the relationship between the couple. Participants to a pre-marital agreement may benefit from the assurance of knowing what will happen should the marriage fail. This confidence in a predictable outcome can reduce some of the financial pressures and strains of a future marriage, and in some cases lead to or result in marriage for those who otherwise might not.

Post-nuptial agreements are not as well-known to non-family law lawyers as pre-nuptial agreements. A post-nuptial, or post-marital agreement is similar to a pre-nuptial or post-marital agreement, with the main difference being that it is executed after the couple is already married. A post-nuptial agreement can cover many financial matters, or be more narrowly focused. A post-nuptial agreement could, for example, define the parties spousal support obligations. It could also allocate among other things, interests in investments, the family residence, or debt owed on a vehicle. Participants to a post-nuptial agreement benefit from knowing what will happen if their marriage fails. Working out potential or actual disputes, and the assurance of knowing exactly how financial issues will be resolved in the event of a divorce, can help a couple to relax and in some cases improve their marriage. In other cases, it means less issues to dispute at the time of the divorce.

Post-nuptial Agreements in a Troubled Economy

Times are tough, and in tough times there are two special reasons to think about post-nuptial agreements. First, if you are worried and arguing about money, a frank discussion and reasonable agreement can help alleviate some of the tensions and fears between you and your spouse. In other words, An “even if we need to get divorced, everything will be alright because . . .” agreeement. Second, if you and your spouse want to get divorced but are unable to now because of financial conditions, a post-nuptial agreement can wholly or partially divide the marital estate so that you can financially act and are not financially constrained until you file for divorce. This means that you may be able to sell assets, make investments, or begin a new career with the financial effects wholly outside of independent of your marriage.

Pre-nuptial and post-nuptial agreements should not be prepared or signed by couples themselves. This area of family law really requires the use of separate independent counsel for each side. If you live in Southern California, the Law Offices of Evan Braunstein provides quality services for all of your family needs including pre-nuptial and post-nuptial agreements. Contact us to schedule a pre-marital or post-nuptial agreement family law consultation.