In many states, including California, bifurcation of a divorce allows spouses to legally divorce each other before the details are finalized. In states that allow bifurcation, the court will separately handle the actual dissolution of the marriage separately from the other issues. This allows the parties to remarry or engage in other matters as a single individual while the remaining issues of their divorce is finalized. If the spouses are unable to negotiate the remaining matters, the court has the authority to resolve all remaining issues at trial. States, such as California, grant a bifurcation as long as both spouses agree, regardless of the circumstance.
When Is a Bifurcated Divorce a Good Idea
One of the most common reasons a married couple might want a bifurcation of their divorce proceeding is so that one or both of them can get married again sooner. Another reason is to allow the couples to file their taxes as singles during the year the divorce was filed. A bifurcated divorce gives each party single status and allows this to happen.
There may be other reasons why you may want to bifurcate your divorce. You need to look at the specific facts of your case and make a decision that is best for your circumstance. This is why it is beneficial to immediately hire an experienced Stockton divorce attorney to help protect your legal rights and facilitate the process.
Conditions to Meet for Bifurcation
Even if a court grants your request for a bifurcation divorce, you or your spouse may still need to meet certain conditions, such as:
– If one spouse maintains medical insurance, he or she must continue to do so. If that’s not possible, then the spouse who requests bifurcation must pay for medical insurance that is comparable to the former policy or pay for medical bills incurred.
– If either spouse has a pension plan through their employer, the other spouse receives indemnification for the loss of death benefits.
– The opposing party must be reimbursed for any tax consequences or the loss of the right to claim probate homestead or family allowance.
If you are getting planning to file for divorce and want to take advantage of a bifurcation, you should hire a divorce attorney to file the necessary paperwork as soon as possible. Remember the golden rule to successfully bifurcating your divorce is to streamline your divorce and attempt to get along with your spouse as much as possible, especially over the bigger issues.
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 314-2796, or complete our online form.