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

Asked about 2 years ago - Torrance, CA

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

Attorney answers (2)

  1. Cameron Todd Norris

    Pro

    Contributor Level 11

    Answered . 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. Margaret Davalene Wilson

    Contributor Level 11

    Answered . 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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