Bifurcation

Motion of Bifurcation

It is not unusual for many parties going through a marriage dissolution to have many unresolved issues that need more time to become resolved than the court has to offer with basic divorce proceedings. Whether the issues at stake are financial or deal with custody or property issues, one way to help move the process of divorce along is to opt to file a bifurcation of marital status. When bifurcation of marital status occurs the termination of marriage can still progress through the proper channels of the legal system even though the parties have not completely settled all aspects/details of the dissolution.

Often, when couples cannot come to resolution they file for a bifurcation of marital status first and then later proceed to trial, where the court then rules on matters regarding finances, property, custody and other issues where the couple must divide assets, financial obligations and shared time. It must be noted that bifurcation is not a casual agreement between the divorcing parties. A bifurcation is a legal action that can only be granted by a court of family law. The court is essentially saying that it will retain jurisdiction over the case and that it recognizes that the parties’ financial and custody issues will be decided upon at a later date, whether by stipulation or by a judicial officer at trial.

Another example of a bifurcation of marital status being filed can occur when a party to the dissolution action does not agree to terminate marital status. At this point a legal motion may be filed by the moving party, requesting that the court grant the bifurcation and termination of their marital status. Having met certain conditions and criteria, and once termination is granted, the parties are no longer legally married.  This allows either party to enter into a new marital contract, if they wish.

When finding it necessary to file for a bifurcation order, the Attorneys at The Law Offices of Atousa Saei take great care in guiding clients through each step of this important process.

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