Legal Question in Family Law in California

In California dissolution of marriage, my wife is seeking bifurcation (single status) after 16 months has passed since filing. Principle reason is the market for housing has not stabilized and selling the house right now would hurt both of us. Our financial disclosures have not been done, though they are generally known to each other (assets, debts, etc.) I would like to NOT oppose her bifurcation motion since I have sent her reconciliation offers for 16 months now and have been rebuffed completely.

If the judge rules bifurcation (rules us to now be single) what are the warnings a family law attorney would give to me to have in place beforehand to make sure that I do not lose out on the proper equitable division of assets and debts of the community? I am not represented formally due to my sister having cancer and I am trying to keep her alive and from renal failure via also concurrent systemic lupis. I believe bifurcation could help one of the two parties to achieve a buyout better where if we are still married it would be harder to achieve a buyout of the other. 6 bedroom house, contents and debts are in community.


Asked on 12/03/10, 4:58 pm

1 Answer from Attorneys

The only way bifurcation can conceivably confer any advantage on either party is if it frees one of them up to remarry a person who is going to fund their side of the case. It has no effect on property distribution and debt allocation.

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Answered on 12/08/10, 5:13 pm


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