Sometimes a divorce can take years. This is because of the court procedures involved. The court must decide on a number of issues such as child custody and visitation, child support, spousal support, partner support, alimony, distribution of property, etc. in a divorce. However if you want to end your marriage quickly without waiting for the court to determine the other issues of your divorce, then you can seek a bifurcated divorce. This is also called the “quickie divorce.” Bifurcated divorce technically splits your divorce procedures into several parts. The main thing that bifurcated divorce attends to is the dissolution of marriage, the issues will have to wait.
In a bifurcated divorce, you can get a divorce before the court decides on the other issues of your divorce. Your marriage will be legally terminated and you will return to your single marital status. However you will have to appear in court subsequently for hearing on the other issues of your divorce ( child support, spousal support, division of property,child custody and visitation, etc.)
To obtain a bifurcated divorce, you must file an application in the court. You must serve a copy of this application on your spouse along with a notice from the court. The notice will inform your spouse about your application and the time period within which he or she must file a response to your application and the date of hearing of your application. On the date of the hearing, the judge will hear you as well as your spouse and then pass the order for a bifurcated divorce. Generally the judges do not deny an application for a bifurcated divorce.Californiais a no fault state and so you can get a divorce without proving fault of your spouse. So there isn’t much your spouse can do to prevent a bifurcated divorce.
When passing an order for a bifurcated divorce, the court may impose conditions. Some of the conditions that are generally imposed include:
- Reimbursement of tax benefits
- Employed spouse to maintain medical insurance of the other spouse
- Indemnity for loss of pension death benefits
Once you get a bifurcated divorce, you must include the pension plans of your spouse in the dissolution case.
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