This pamphlet provides an overview of bifurcation. Topics included cover the uses of bifurcation in divorce, other civil, and criminal trials, along with the purposes and advantages of bifurcation.
California USLegal Pamphlet on Bifurcation
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US-PMPH-20
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FAQ
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.
Disadvantages of Bifurcation This could result in higher legal fees that accumulate over time. Couples who cannot resolve issues in a specific period of time may be unable to resolve them when they have additional time. Taking more time to complete the process could be more emotionally stressful for some people.
Bifurcation of the status of the marriage (also called ?status only dissolution?) is a process that allows the court to grant an early divorce and restore each spouse to their single status, before issues such as spousal and child support, child custody, and property division are decided.
Cons: The divorce process can be emotionally challenging, and most people experience intense emotions during a divorce, such as sadness, anger, guilt, and anxiety. However, these emotions usually subside as you adjust to your new life.
The word bifurcate is synonymous with the words ?split? and ?divide.? Thus, a bifurcation in a divorce case takes the issue of marital status and splits it from all of the other divorce issues, such as the issues of spousal support, child custody and visitation, child support, and property division.
A bifurcated divorce essentially grants the dissolution of the marriage before the other aspects of the divorce are resolved. This will allow the spouse who wishes to remarry to do so without any legal obligations to their former spouse.
How Do I Ask for a Bifurcated Divorce? The spouse seeking to bifurcate the divorce proceeding must petition the court after the six-month waiting period ends. Before the court grants a motion for bifurcation, the petitioning party must file a preliminary Declaration of Disclosure with the court.
Coping With Separation And Divorce Recognize that it's OK to have different feelings. ... Give yourself a break. ... Don't go through this alone. ... Take care of yourself emotionally and physically. ... Avoid power struggles and arguments with your spouse or former spouse. ... Take time to explore your interests. ... Think positively.
