California Family Code 2337

California Family Code 2337 Attorney

California requires a waiting period of at least six months before any decisions about a divorce can be finalized, but the overall process can take much longer in some cases. There are many decisions that must be made, such as determining spousal support, establishing a custody and child support order, and determining how property and assets will be divided equally.

Final decisions on all these issues can take a great deal of time, or you may encounter a situation where one or two issues are holding up the proceedings. When this happens, California Family Code 2337 allows for bifurcation, which is when the divorce can be divided into multiple parts to help the divorce be finalized more quickly. This can be difficult to navigate on your own if you are not familiar with the legal system and family codes. An accomplished Orange County family law attorney from Quinn & Dworakowski, LLP, can help you file the proper motions to request bifurcation. Both founding partners at Quinn & Dworakowski, LLP are Certified Family Law Specialists,so you work with attorneys who have met the State Bar’s highest standard of skill in this area.

What Is a Bifurcation Divorce?

This process is when the divorce is split into several different parts. In some cases, the former spouses want to move on from their relationship as quickly as possible. These people can use bifurcation to terminate their marital status so they will be able to move on without any legal ramifications.

The involved parties may not be able to resolve one or two aspects of their divorce, such as a child support order or their division of assets. These things may significantly impact the overall outcome of the divorce, so it is important that they get resolved. Bifurcation allows those issues to be made into separate cases from the divorce itself so they can receive individual judgments and be resolved.

Filing for Bifurcation

When you are working through a divorce, you will not receive a bifurcation automatically. California Family Code 2337 notes that a Motion for Bifurcation must be completed and filed before any parts of the divorce case can be decided. There are also some things that cannot be separated with a bifurcation decision.

You start this process by filing a Request for Order (Judicial Council form FL-300) along with an Application for Separate Trial (form FL-315). Under California Rules of Court, rule 5.390, the judge decides whether an early, separate trial on marital status will help move the rest of your case forward.

If you file a Motion for Bifurcation before the mandatory six-month waiting period has ended, it may not be granted until the six months end, if at all. Also, you may be required to maintain benefits, such as health insurance or a pension, for your spouse until the divorce is finalized. The law spells out exactly what these protections look like. The court can require the spouse who asked for bifurcation to keep paying for the other spouse’s health insurance, protect their share of retirement or pension benefits, cover extra taxes caused by ending the marriage early, and preserve certain probate and Social Security rights. These conditions stay in place even if the paying spouse dies before the rest of the divorce is final.

Despite these stipulations, there are still many benefits to bifurcation.

Benefits of a Bifurcation

There are many reasons why a person may request bifurcation during their divorce. In many cases, they wish to be declared legally single so that they can no longer be connected to their former spouse. Some key benefits of this are:

• The opportunity to get married again since you are legally single
• An opportunity to resolve other issues, like bankruptcy or property division, without delaying other decisions
• The ability to file taxes as single or head of household
• A way to resolve issues while saving yourself time and money

FAQs About California Family Code 2337

What Is a Bifurcation of Divorce in California?

There are many parts of a divorce that must be dealt with before it is finalized. This can be very time-consuming, so bifurcation is a way to make it easier. Bifurcation is the process of dividing a divorce case into at least two separate parts. This may include separating marital status into its own case so it can be decided quickly. It might also involve dividing each issue, such as child support, custody, and property division, into separate cases.

What Is the Deadline for a Motion to Bifurcate in California?

When you file for divorce in California, there is a mandatory waiting period of at least six months before anything can be finalized. This typically holds true for bifurcation as well. You will have to wait at least six months after the initial Petition for Dissolution of Marriage is filed before you can request a bifurcation. If you make your request before this time, it may be denied or, if it is granted, it will not go into effect until the six-month waiting period is over.

How Do I File a Bifurcation in a Divorce in California?

To file for a bifurcation divorce in California, you will need to file a Declaration of Disclosure and serve it on your spouse. This disclosure includes all the necessary financial information, such as the assets you own, any major debts, and your regular income and expenses. Once your disclosure is filed and accepted, you will go before the judge to have them grant your request for bifurcation.

What Are the Stipulations for Bifurcation of Marital Status in California?

One of the main reasons why people request a bifurcation is to change their marital status before the other issues are finalized. These requests are most often granted because the courts do not see a reason to require people to stay married unnecessarily, but there may be stipulations put in place. This could include the requirement to maintain health insurance, not holding each other liable for tax penalties, and not holding each other liable for the loss of any benefits, such as social security or retirement.

How Long Does It Take to Get a Bifurcation Granted in California?

There is no fixed timeline, but the court cannot grant bifurcation until at least six months and one day after the divorce petition was filed or the date the respondent first appears. After that, the actual wait depends on the court’s calendar and whether your spouse objects to the request.

Where Are Requests for Bifurcation Decided in Orange County?

If you are filing in Orange County, your case will likely be heard in the family law division at the Lamoreaux Justice Center, 341 The City Drive South, Orange, CA 92868.

Contact Quinn & Dworakowski, LLP

The divorce process can take months, or even years, to complete. Some people want to move the process along more quickly so that they can continue their lives. Bifurcation is one way to accomplish this goal, either through eliminating your marital status before other things are finalized or making a decision about individual issues separately. The accomplished team at Quinn & Dworakowski, LLP, is ready to help you file a Petition of Dissolution, complete your Declaration of Disclosure, and make a Motion for Bifurcation. Contact our office today for assistance.