Legal Question in Family Law in California

Divorce

My divorce has been pending since June of 2006, a response was filed in July 2007, but I need a judgement soon! I am deploying to Afghanistan in March and want to marry the mother of my children before I go. I want to leave division of property and child custody open to be decided upon later. Can you tell me what form to file or motion? I can't afford $3,000 for an attorney so I am trying to do this myself. I have two children from this marriage and I also haven't been able to see them. Thank you in advance for your help.


Asked on 12/14/07, 4:47 pm

2 Answers from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Divorce

You said this applies to California law. I can't speak to that, but in Kentucky you would need to file a Motion to Bifurcate the proceedings. It means to split in two. Judges are reluctant to do this, but your situtation is unique. You would explain the whole deployment thing and stress to the court that you want the mother of your children to have access to benefits should you not come back. I think that would convince most judges. Hopefully the same holds true for California.

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Answered on 12/14/07, 5:09 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Divorce

Bifurcation to dissolve the marriage and leave the other issues for later is common in California. If the soon to be ex will agree then you submit the agreement in writing and then request a status only judgment. If she will not agree then a motion to bifurcate must be filed with the court. You should contact the court and request permission to appear by telephone. This will allow you to proceed without actually being in California for Court.

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Answered on 12/23/07, 1:03 am


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