Becoming Single While a Divorce is Still Ongoing
In California, spouses may be considered single even before the divorce process is completed. Here’s what you need to know about the bifurcation of marital status in California.
In a contested divorce case, a spouse may ask the court to consider the issue of marital status as a separate issue from other divorce issues such as child custody. The spouse(s) would request a separate trial on this issue, which is known as a motion for bifurcation. If granted, the spouses would become single while the other issues of the divorce are still contested. Spouses may want to do this for tax benefits, because they want to marry another person, or simply because the divorce process has taken a very long time.
What is the Bifurcation of Marital Status?
In general, bifurcation in a court setting is when a judge decides to split a case into separate trials in order to render a decision about part of the case without deciding the rest of the case. Bifurcation can occur in many different types of lawsuits, but this article will primarily focus on bifurcation of marital status in a California divorce case.
Generally, in a contested divorce case, there are many issues that must be decided due to disagreement between the parties. For example, the parties may disagree about child custody, child support, property division, and much more. The parties may spend an exceedingly long time deciding these issues, which results in the spouses maintaining their marriage status potentially for years after the divorce is initiated. This may cause the spouses to desire a bifurcation of marital status, which would allow for a judge to dissolve their marriage status while the rest of the issues of the divorce remain undecided. As such, the parties would legally be single as they attempt to settle the case.
Related: Contested and Uncontested Divorce: The Difference
Apart from the divorce taking an exceptionally long amount of time, there are a couple other notable reasons for why a spouse may want to request a bifurcation of marital status. First, a spouse may want to file their taxes as “single” or “head of household” while the divorce is still ongoing, which they generally would not be able to do. Second, a spouse may wish to marry another person, which cannot be done if they are still legally married to another person. Bifurcation of marital status would solve both of these issues while allowing other terms of the divorce to still be adequately addressed.
What is a Motion for Bifurcation in California?
In order to receive this separate trial, a party must file a motion for bifurcation. In order to do so, a party must file a Form FL-300 (Request for Order) and a Form FL-315 (Request or Response to Request for Separate Trial). In addition, to file for a bifurcation in a divorce case, the petitioning party must have served the other party the Form FL-140 (Preliminary Declaration of Disclosure) with all required attachments as noted in the form. These documents outline the nature of the property, assets, and income of each spouse. For a bifurcation of marital status in particular, at least 6 months must have passed from the beginning of the divorce before bifurcation can be granted due to the fact that no divorce may be granted within 6 months of filing in California.
Receiving a bifurcation is generally not easy, because it involves convincing a judge to grant it. In addition, receiving a bifurcation for marital status is especially challenging because judges generally want to resolve a divorce case all at once. They also dislike granting bifurcations for marital status because it may discourage spouses from resolving other aspects of their case in a timely manner since they are no longer legally married. With all this in consideration, it is important to have competent legal counsel. Contact Her Lawyer to be put in touch with an expert divorce attorney if you are in need.
Stipulation for Bifurcation of Marital Status in California
Some courts do not require a motion for bifurcation to be filed. Rather, they will accept a written stipulation for bifurcation instead. In law, a stipulation is an agreement between attorneys regarding an issue in the case that has the effect of saving time and money in resolving the case. This stipulation must be filed with the court. If you are in need of an attorney in your divorce case, contact Her Lawyer.
FAQs about Bifurcation of Marital Status in California
What does bifurcation mean?
Bifurcation is when a judge decides that a separate trial can be held for an aspect of a case.
What is bifurcation of marital status?
Bifurcation of marital status allows for a judge to decide the issue of marital status separately from other aspects of the divorce case. Spouses may become legally single even if their divorce is not completed via bifurcation of marital status.
Why would I want a bifurcation of marital status?
For some, the divorce process simply takes too long and they no longer want to be legally married, but they cannot resolve certain issues. Some may want to file taxes as a “single” person or as a “head of household”, or others may want to remarry while their divorce is still ongoing.
What do I have to do to receive a bifurcation of marital status?
After 6 months have passed since filing for divorce as well as after serving your partner the Preliminary Declaration of Disclosure (Form FL-140) and required attachments, you may file a motion for bifurcation by filing a Form FL-300 and a Form FL-315. Or, if your court accepts stipulations for the bifurcation of marital status, you may ask your attorney to file a stipulation with the agreement of your spouse’s attorney.
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If you are seeking to obtain bifurcation of marital status in California, contact us. Get your free consultation with one of our experienced California Divorce Attorneys today!