We have trial date in August for custody, division of assets, support issue, but my soon to be ex wants to change status before then, I guess because he wants to make his GF who pushed our divorce happy by telling her " he is divorced." but does it affect me ? the only thing I can think is that he doesnt have to include me for his health insurance plan.( I was a homemaker)
His lawyer sent me, FL-130, FL-170, FL-180, FL-347, FL-348 to sign. I am unsure if I need to sign it or not.
It says" the issue of marital status may be served for separate adjudication from all other issues herein, subject to all the terms and condition of family code section 2337, and judgement of status only may be granted .# " settlement agreement- stipulated judgement" FL-347 and 348 are for his 401K and pension
You can separate the issues and obtain a Satus only dissolution, which is what it appears you husband wants to do. However, I would recommend you have an attorney review the documents before you sign anything.
I agree with Attorney Quin. Do not sign anything until you have consulted with an attorney.
The process of bifurcation of status only is not that uncommon. The California Family Code on point is section 2337 which provides under 2337(a); " In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues.
As it relates to health insurance coverage, 2337(c)(2) states in part: (2) Until judgment has been entered on all remaining issues and has become final, the party shall maintain all existing health and medical insurance coverage for the other party and any minor children as named dependents, so long as the party is eligible to do so.
I have been practicing family law for over 30 years in the greater San Francisco Bay Area, including Santa Clara County. Actually, one of my Associates working for me serves as a Pro-Tem Judge in Family Court in Santa Clara County. My strong, strong advisement to you is, do not agree to anything without legal advise, and preferably, legal representation. You have to understand that your husband’s attorney has only one goal in mind, and that is to take care of your ex, maximizing his gain, and minimizing his losses. You are not on an equal playing field, and you are certainly subject to significant losses since you did not go to law school, and you do not have a career as a family law lawyer. Not even going into the other issues, the fact that your health insurance will be cut off would be enough reason for me, if I were in your shoes, to not agree to anything. In addition, a very experienced attorney needs to carefully review and analyze the provisions of your husband’s employment benefits, including retirement plans, 401k plans, profit sharing, unpaid vacation pay, and stock options including vested and unvested. Be firm, be strong.
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