California Joint Petition for Bifurcated Divorce

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US-03179BG
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In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

California Joint Petition for Bifurcated Divorce is a legal process that allows married couples in California to request the court to grant a divorce decree while the other issues such as property division, child custody, and support are still being resolved. This allows couples to legally end their marital status while giving them more time to work on the remaining matters. One type of California Joint Petition for Bifurcated Divorce is a No-Fault Bifurcation. In this type, both parties mutually agree to end their marriage without assigning blame to either spouse. It is often chosen when there are no significant disputes over financial or child-related matters. Another type is Fault-Based Bifurcation, where one spouse alleges specific grounds for the divorce, such as adultery, cruelty, or abandonment. This type of petition is generally used when there are serious issues in the marriage that cannot be resolved, and it may affect the division of assets or child custody. The process of filing a Joint Petition for Bifurcated Divorce in California involves the following steps: 1. Consulting an attorney: It is recommended to seek legal counsel to understand the specific requirements and implications of filing a joint petition. 2. Drafting the petition: The joint petition must be carefully drafted, outlining the grounds for divorce, the agreement between spouses for bifurcation, and any other relevant information. 3. Filing the petition: The joint petition should be filed in the appropriate California court, along with any required supporting documents and fees. 4. Serving the other spouse: The joint petition must be properly served to the other spouse, followed by providing proof of service to the court. 5. Waiting period: California law requires a mandatory waiting period of 6 months from the date the other spouse was served with the petition before the court can grant a divorce decree. 6. Resolving other issues: While waiting for the divorce decree, the couple should work on resolving matters like property division, child custody, visitation rights, and support through negotiation, mediation, or court hearings. 7. Finalizing the divorce: Once all the other issues are resolved, a final divorce decree can be obtained from the court, officially terminating the marital status of the couple. Keywords: California, Joint Petition, Bifurcated Divorce, legal process, divorce decree, property division, child custody, child support, No-Fault Bifurcation, Fault-Based Bifurcation, grounds for divorce, adultery, cruelty, abandonment, filing process, consulting an attorney, drafting the petition, filing the petition, serving the other spouse, waiting period, resolving other issues, finalizing the divorce.

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FAQ

Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.

Bifurcation is the separation of one or more issues in a case. The California Rules of Court: Rule 5.390 provides for the separate trial of 13 issues, if a quicker resolution of a family law matter may help move proceedings along: Postnuptial or prenuptial agreement validity. Date of separation.

California's Family Code allows divorcing parties to begin their new lives sooner by requesting bifurcation, which essentially means to split something. Through this process, a judge can grant a divorce by treating it as a separate matter from custody and property division.

Some of the benefits from bifurcation include: You can file tax returns as ?Single? or ?Head of Household? instead of ?Married Filing Separately.? You can remarry; Women can change their name.

For the simplified process (Summary Dissolutions), the first step in the divorce process is filing a Joint Petition for Summary Dissolution.

However, there are also a couple of potential drawbacks to consider. First, a bifurcated divorce can be more expensive than a traditional divorce, as it requires two separate court appearances. Also, it can be emotionally exhausting as you and your ex-spouse work through the contested issues.

How Do You Ask For Bifurcation? A person requesting bifurcation in California must file a Request for Order (FL-300) and have a valid reason. Additional forms include a Request for a Separate Trial and proof of financial disclosures.

Reasons for Requesting a Bifurcated Divorce Some individuals might want a bifurcated divorce because they want to get married to someone as soon as possible. They could be expecting a child with that person. Other people might want to date other people and tell the people they date they are legally divorced.

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Sep 14, 2023 — File a Motion For Bifurcation. You must complete and file the court-required bifurcation divorce forms. They include Request for Order (FL ... Jun 30, 2022 — Through this process, a judge can grant a divorce by treating it as a separate matter from custody and property division. Once a bifurcation ...California divorces take at least six months to complete, and that's just the minimum. Most divorces take much longer, even years longer. If you wish to seek a bifurcation, call a California divorce attorney at (888) 749-7428 for a free consultation. Additionally, before you can file a motion for ... THE COURT FINDS​​ 1. Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is precluded or ... Jan 12, 2021 — Couples can apply for bifurcation immediately after California's six-month waiting period has elapsed, and may have their request approved ... (a) Request for order to bifurcate​​ A party requesting a separate trial or responding to a request for a separate trial must complete Application or Response to ... All divorces start with a Summons (FL-110) and Petition (FL-100). If you have minor children of your relationship, you will also need to file a declaration ... Contact Us. Call (760) 320-7915 or Fill Out This Form. First Name. Please enter your first name. Last Name. Please enter your last name. Phone. Please enter ... Jun 30, 2019 — A Motion for divorce bifurcation asks the judge to terminate your marital status. Once the court grants bifurcation, the court can terminate the ...

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California Joint Petition for Bifurcated Divorce