Divorce and Bifurcation; Status Only Divorces

At the Law office of David P Schwarz we have fought for many bifurcated divorces in Orange County Family Law Court. A bifurcation of the divorce can speed up the process of the divorce if the parties cannot agree upon many issues.

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.

A Divorce Lawyer will make sure that all the necessary documents get processed and served upon the other spouse. Normally the forms called the preliminary declaration of disclosure and a form called the schedule of assets and debts will needed to be prepared.

Since the Divorce is not finalized but is merely being separated into parts to resolve certain issues, the court must impose certain requirements upon the divorcing spouses.

One party must indemnify and make sure the other party is not liable for any taxes, reassessments, interest, or penalties payable by the other party. That means that since the parties are still married they must still make the same payments they would while married.

A Divorce Attorney will also make sure that all medical insurance and health insurance payments are made during the bifurcation. This is also an important element that must be maintained by one party during the Divorce proceedings if a bifurcations is done. The Court will inquire into the financial ability of the spouse who is obligated to make the payments to see if they can do so even with medical insurance in place

The Orange County Family Law Court will also make sure that the parties maintain all retirement and 401k benefits in tact while the bifurcation is underway. The Court will order that all pensions be maintained by all the parties as the Divorce is not yet finalized and the retirement issues will have to be resolved at a later date. The Court will reserve jurisdiction over these financial issues and resolve them when the parties have decided it is time to finalize the divorce.

At the Law Office of David P Schwarz we explain to our clients that the bifurcation can be used to get a "status" only divorce. When people get a “status” only divorce they are free to get remarried and move on with their lives. Once they are divorced through “status” they feel that a huge part of the divorce is over and resolving the other issues can be done in pieces without being pressured by the label of marriage.

A Divorce Lawyer will assure that there is an Order made by the Family Law Court to preserve the one half community assets of the other party if one party dies. This protects the other party’s right to all community assets without fear that death of the other party will terminate their access to the other parties community estate.

At the Law Office of David P Schwarz we have done many bifurcations in the Orange County Family Law Courts. We are very familiar with all aspects of the Divorce including the issue of requesting a separate trial. Please contact our office at 949 735 9266 or via the web for a consultation. We can also be contacted via email at dpslaw66@gmail.com.

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I have referred several of my friends and relatives who needed representation in family court to David. From prenuptial agreements to divorce to child custody, David is the go-to guy. He is a seasoned attorney who knows what he's doing, and so far, I've only heard good things about him. C.G.