Sample Motion To Bifurcate Divorce For Mutual
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How to fill out Sample Motion To Bifurcate Divorce For Mutual?
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FAQ
For those hoping to get divorced sooner, there is something called a Motion for Bifurcation, which asks that the court terminate a marriage and restore each spouse to their single status. In some situations, the judge may order a trial be bifurcated or that a particular issue within the case be tried separately.
The spouse asking for a bifurcation must have an especially good reason as to why the court should terminate the marriage. Based on that reason, the court will either grant or deny the request for bifurcation.
Couples can apply for bifurcation immediately after California's six-month waiting period has elapsed, and may have their request approved within weeks. However, before a motion for bifurcation can be considered, the party requesting bifurcation must file and serve a preliminary Declaration of Disclosure (FL-140).
Benefits of a Bifurcation Divorce Faster Divorce: Sometimes one spouse refuses to compromise on key issues because they want to delay the other spouse's remarriage or they simply don't want the divorce to begin with. Bifurcation prevents one party from being held back by the other's stubborn or manipulative behavior.
Bifurcation usually reduces the amount of time the first trial will take since evidence of damages will not need to be (and in fact is forbidden to be) produced, again saving resources and money. It is conceivable that the cost of the two smaller trials will end up the same, or even less, than one longer trial.