Navigating through family law, divorce proceedings in particular, can be challenging. Divorce can include many issues including, but not limited to, the division of property, support, and custody. Depending on the issues and depending on the parties’ level of cooperation, the length of a divorce can range from months to years.
One way to resolve issues even while the divorce itself is not final is to bifurcate. It may sound simple, but the process to bifurcate can be complicated, and bifurcation may not be as beneficial as you would want it to be.
What is Bifurcation in California Family Law?
Bifurcation is a legal option available to couples who are seeking a divorce in California. Courts are authorized under California Family Code § 2337 to grant a divorce while deferring certain unresolved issues to be resolved at a later date. Essentially, it separates the dissolution of marriage from other matters such as property division, child custody, support, and more.
The primary objective of bifurcation is to expeditiously terminate the marital status, allowing both parties to move forward with their lives. This can be incredibly advantageous when there exist compelling reasons to dissolve the marriage promptly, such as remarriage or tax filing status, but address other complex issues separately.
Remember, California’s “six months and a day” rule? This rule says that your marital status cannot be terminated until at least “six months and a day” have passed since filing for divorce. So for example, if you file for divorce on June 1st, then the earliest date your marriage can be terminated is December 2nd.
Benefits of Bifurcation:
1. Emotional Closure: When separation is inevitable, prolonging the process can take a significant emotional toll on both parties. Bifurcation brings a sense of closure by allowing individuals to legally end their marriage even before other issues have been decided, which can speed up the healing and moving-on process.
2. Financial Independence: By bifurcating the divorce proceedings, individuals can regain control over their finances sooner. This is particularly beneficial when there is a significant disparity in income or when one spouse is financially dependent on the other.
3. Marital Status Changes: Bifurcation enables individuals to regain their single status while other divorce-related matters are still under consideration. This can affect various areas of life, such as estate planning, tax implications, and the ability to remarry.
4. Avoiding Protracted Litigation: Divorce proceedings can often become contentious, leading to lengthy court battles. Bifurcation offers an opportunity to resolve the most critical issue – terminating the marital status – and allows parties to hopefully handle other matters amicably through mediation or other alternative dispute resolution methods.
5. Simplifying Custody and Support Issues: In certain circumstances, ending the marriage promptly can be beneficial for children involved. By addressing child custody and support matters separately, parents can avoid unnecessary conflicts and create a stable environment for their children during the divorce process.
Limitations and Considerations:
Bifurcation is not without its disadvantages. Bifurcation may not be suitable for every divorce situation. It is crucial for individuals to consult with an experienced family law attorney to assess whether bifurcation is the right choice for their circumstances. Factors such as the complexity of unresolved issues, financial implications, and the potential impact on child custody arrangements should be considered.
Is Bifurcation Worth It?
Bifurcation offers a way for couples in California to expedite the termination of their marital status, while keeping other complex issues separate to be resolved later. By providing emotional closure, financial independence, and streamlining the legal process, bifurcation can be beneficial for both parties. However, it is essential to weigh the advantages and disadvantes, as well as consult with a family law attorney to determine if bifurcation is the right choice for you.
Remember, divorce is a deeply personal and challenging process, and seeking professional guidance can help ensure the best possible outcome.
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