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I am filing for a bifurcation in CA and need to know what forms/steps are needed to complete this process

Torrance, CA |
Filed under: Divorce Divorce court

All of the preliminary disclosures have been filed & served on the respondent.

Attorney Answers 2

Posted

I am not sure why you are trying to bifurcate the dissolution, but be advised that if bifurcation of marital status can have some negative implications, especially if there are certain benefits such as a military pension.

That said, what you do depends on whether or not this bifurcation is agreed to by the parties or not. If you both agree, then you need to file a that stipulation on pleading paper which would have a head something like this: "stipulation for bifurcation on________(issue) and entry of _____(issue) judgment; order". You may be able to find some examples of how to do this online.

If it is not agreed to, then you need to file a request for order (FL-300) with the "Other" box checked and "Bifurcation" written in. You will also need to file the request for separate trial attachment form (FL-315).

Best of luck.

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2 comments

Asker

Posted

Thank you. The divorce is not agreed upon. Spouse does not want it which is why I am interested in the bifurcation. We do not have any children but do have a house together that is underwater. I am willing to take full financial responsibility for the house and its negative equity but would like her to move out so I can start my life over. Can a decision be made for this during the bifurcation process? Thanks!

Cameron Todd Norris

Cameron Todd Norris

Posted

Asking for a separate trial to expedite kicking your spouse out of the house is not normal and I highly doubt a judge would approve that request. You should also look up "Epstein" and "Watts" and learn what ramifications there might be given your situation. Best of luck.

Posted

I agree with the above response. However, some court's also want to see correspondence that you have tried to agree to the bifurcation. Therefore, you should try to get the other party to agree first and if they will not then you file the motion. Make sure you document your efforts through correspondence. Some attorney's will ask for 271 sanctions for failure to meet and confer prior to filing a motion.

Good luck.

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