Legal Question in Family Law in California
my husband and i have been separated for 3 yrs and are in the middle of a divorce after 21 yrs of marriage.
he now wants to do a bifurcation and i want a divorce completely. can you please tell me what the disavantages would be for me and how this would affect me, i dont trust him or his lawyer.
thanks michelle
2 Answers from Attorneys
Without knowing the details of the status quo, there is no way to say if there are any disadvantages to you. There are too many details to try to list all the advantages, neutral effects, and disadvantages of a bifurcation in any particular case without knowing those details. I can tell you, however, that bifurcation is frequently granted over objection by the other spouse, so you may want to extract some minor consessions in exchange for agreeing. But like I said, without knowing all the financial issues and the status quo, I cannot tell you that that advice actually applies to your situation.
All a bifurcation means is that one issue will be heard before all the others. Most of the time, this means that status of the marriage is terminated, and the trial court reserves jurisdiction over the remaining issues. Frequently, status is terminated, so that one of the spouses is free to remarry.
It is not clear from your question what is exactly being bifurcated. Sometimes, a party will file a motion for bifurcation, to determine the character of property, i.e. whether it is community property or separate property. This may affect the market value determination of property, which is arguably lower now than it will be a year or 18 months from now, or even 3 years ago.
I note that he has a lawyer. Is there any valid reason why you didn't get one?