Legal Question in Family Law in California

Receiving a Divorce Decree to remarry before the trial

My husband filed for divorce and I've responded over a year ago. However his attorney his not proceeded to finalize the divorce. We have no trial date. The last thing that was filed with the court was my repsonse over a year ago. I now want to remarry, is it possible to received a divorce decree before finalizing the trial.


Asked on 6/28/02, 9:44 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Receiving a Divorce Decree to remarry before the trial

It is possible to obtain a judgement as to the status of the marriage only. That is disolve the marriage without completing the property division and other aspects of the dissolution process.

Unless your husband will agree to this process, referred to as bifurcation, you will have to file a motion requesting a court order bifurcating the dissolution process.

Read more
Answered on 6/29/02, 1:40 am
Douglas A. Crowder Crowder Law Center

Re: Receiving a Divorce Decree to remarry before the trial

The situation you describe happens frequently. The fastest way to get this finalized is for you and your husband to reach an agreement on all the relevent issues -- child custody, visitation, support, alimony, property division. If there are no major disagreements on these, you should be able to reach an agreement, then have one of your attorneys prepare the stipulated judgment, submit it to the court, and it will be finalized as soon as the judge signs it.

Otherwise, one of you would have to request a trial date, which probably wouldn't be set sooner than 6 months after you make your request.

If you do want to go to trial, but also want to get remarried earlier, it is possible to ask the court to "bifurcate" (cut in half) the divorce proceeding so that you would be returned to the status of an unmarried person before the decision has been made on the other issues.

Read more
Answered on 6/30/02, 2:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California