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Final judgement.

Irvine, CA |

In general, what are the pros and cons of filing for a final judgement in a divorce without reaching a financial settlement? Thank you.

Correction. In general, what are the pros and cons of dissolving a marriage (becoming "divorced" in marital status from just "separated") and leaving financial issues for future resolution (assuming this action is permissible by law)? Thank you.

Attorney Answers 4


  1. You can't have a final judgment and leave out financial issue. A final judgment is where ALL assets and debts and ALL support issues are resolved.


  2. Are you asking about a bifurcation of marital status, where you get the marriage dissolved and leave the remaining issues for future resolution?


  3. Your question isn't that clear, but I assume that you mean a bifurcation of marital status, leaving the remaining custody/visitation/property and issues left for the Court to decide (judgment on reserved issues). A bifurcation is typically done when one party wants to marry another party. It is not a final judgment. Even with the granting of the bifurcation, you must still indemnity the other party and keep them on your insurance, etc. and otherwise until the dissolution is in fact complete on all of the reserved issues and then a full and final judgment can be entered. Hope that helps.


  4. You wouldn't be getting a "Final Judgment", but a status only termination of your marriage. All other issues should be reserved for determination by the parties, or the Court, at a later date. The major issue that arises with a status only judgment is the loss of health insurance from the other spouse's employment. While that insurance carrier will provide you (or the other spouse) information as to COBRA plans available for 36 months, at several different premium levels, carriers will not keep coverage in place without this additional monthly premium. Section 2337 of the Family Code provides some safeguards when doing a status only judgment, and should be included as an agreed upon term, and order. Knowledge of how these, and other issues will affect the parties is important before a status only judgment is agreed upon. Please consult an attorney as to your specific circumstances.

    The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

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