What is a Bifurcation of the Status of Marriage in Placer County?

by | Sep 25, 2013 | Firm News |

In particularly contested or complex Placer County divorce cases, parties sometimes become very frustrated at the slow nature of the case resolution.  In these cases, months and even years may have passed and due to the impasse between the parties, the end seems to be far in the distance.  Often times in these situations, one or both of the parties want the issue of the dissolution of the status of marriage to be severed from the rest of the case and quickly resolved.  This is referred to as a bifurcation of the status of marriage.

Bifurcation is often requested in Placer County divorce cases because one or both of the parties has reached a point in a new relationship that they want to re-marry.  However, because they are still legally married to their spouse in the Placer County divorce action, they cannot remarry because it is illegal bigamy (multiple marriages). Bifurcation of the issue of the status of marriage is one tactic used to resolve this matter.

To receive a Placer County divorce case bifurcation, both parties must have met specified legal conditions.  They must have each prepared and served their preliminary declarations of disclosure.  They must also have joined any retirement plan and pension plans to the divorce case.  They must agree to maintain all health insurance policies, along with other required conditions contained in Family Code §2337.  The court may impose other equitable conditions as well, or, in some cases, deny the bifurcation request even if all conditions are met.  Please be aware that our office cautions everyone to be extremely careful about bifurcations as they can cause confusion and legal harm to a Placer County divorce case.

If you are interested in pursuing a bifurcation in your Placer County divorce case, and you are concerned about the benefits and harms it could have to your case, please call our attorneys today.  We offer a free half hour consultation and would be happy to meet with you and discuss how we can help you in your case.