California Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.

Bifurcation is the separation of one or more issues in a case. The California Rules of Court: Rule 5.390 provides for the separate trial of 13 issues, if a quicker resolution of a family law matter may help move proceedings along: Postnuptial or prenuptial agreement validity. Date of separation.

California's Family Code allows divorcing parties to begin their new lives sooner by requesting bifurcation, which essentially means to split something. Through this process, a judge can grant a divorce by treating it as a separate matter from custody and property division.

Some of the benefits from bifurcation include: You can file tax returns as ?Single? or ?Head of Household? instead of ?Married Filing Separately.? You can remarry; Women can change their name.

For the simplified process (Summary Dissolutions), the first step in the divorce process is filing a Joint Petition for Summary Dissolution.

However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.

How Do You Ask For Bifurcation? A person requesting bifurcation in California must file a Request for Order (FL-300) and have a valid reason. Additional forms include a Request for a Separate Trial and proof of financial disclosures.

Reasons for Requesting a Bifurcated Divorce Some individuals might want a bifurcated divorce because they want to get married to someone as soon as possible. They could be expecting a child with that person. Other people might want to date other people and tell the people they date they are legally divorced.

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California Joint Petition for Bifurcated Divorce