What does bifurcation of status from other issues in a divorce mean? Under certain circumstances, not all of which applies to everyone in every case, spouses may request to have their status of “married” bifurcated, such that, they officially will be “divorced” and returned to the status of single. However, doing so does not always come without conditions that may not be for everyone.
California requires a minimum six month waiting period between the time a divorce action is filed and when the divorce can be granted. Also, if you are the spouse requesting a bifurcation of status and you are the one providing health insurance for your spouse, you will remain obligated to maintain the health insurance for your spouse even after your status is bifurcated. This is because often times employers require a spouse that insures the other to remove that spouse when the status is changed to “divorced”. If you are thinking of bifurcating status, make certain to speak with a family law attorney familiar with the requirements, benefits, and detriments of bifurcating status.
A bifurcated divorce can also mean that the process can be dragged out and could be more costly. Depending on the personalities and goals of the involved spouses, one spouse can drag out the remaining aspects. If the incentive to be single is removed, some former spouses can dig in their heels over custody or financial disputes. Additionally, because not all issues are resolved, the former spouses must stay in communication until eventually all the matters are resolved. This forced connection can be emotionally draining and make it challenging for either person to truly move forward.
It is also possible to bifurcate other issues of a divorce. In fact, there are 12 other issues that can be tried separately in a bifurcated divorce, including: date of separation, date for valuing assets, determination of characterization of assets whether community vs separate, support matters, division of property, assets and debts, reimbursement claims and other issues specific to family law.
Why would anyone want to bifurcate issues other than status, rather than resolving all the issues together? Very often there are significant issues that if resolved early on, may make the remainder of your divorce less contentious. Imagine if an issue in your divorce was the allocation of debts. If one spouse is carrying the debts throughout the divorce, that can be a costly endeavor. If this issue is resolved and debts are allocated and each now knows what debts they are responsible for going forward, it may ease the financial tensions that may impact resolution of other issues. Another example is if there is an asset, and the question is whether the asset belongs to the community or to one spouse alone. Once this issue is resolved, the parties then will have a better understanding of their financial responsibilities for assets and know their equities in an asset as well.
At every stage of the dissolution process, reasonable and rational efforts should be made to resolve what you can as soon as you can. The less burdens lingering, the brighter that light at the end becomes. I have often witnessed cases completely resolve once the most contentious issues are finalized.
If you are contemplating divorce, legal separation, have questions about post judgment matters of any nature such as child support, spousal support, child custody, visitation and modification, move-away cases, enforcement of a judgment or other issues, need to file or defend a restraining order, or have questions about mediation, we offer consultations both in person and via video conference. I am a seasoned family law attorney with more than twenty five years practicing family law. Our office is located in Valencia, and we represent clients in Ventura County, Los Angeles County and Orange County.
For more information and to schedule your consultation, please call The Law Offices of Steven B. Chroman, P.C., at 661-255-1800 or visit us at www.chromanlaw.com. Mr. Chroman is a Trusted Advisor Award Winner and named Top 100 California Attorney’s with over 27 years of experience and local service and a 2021, 2022 & 2023 Super Lawyer.
This article was originally published in Santa Clarita Magazine as part of our firm’s mission to make family law information more accessible to the Santa Clarita community. Read the full feature and others at santaclaritamagazine.com.