What Is Bifurcation in Family Law and How Can It Help Your Case?
Family law cases often involve numerous complex issues, ranging from child custody to property division. Sometimes, addressing all these matters together can lead to delays that prolong the legal process. This is where bifurcation comes in. At JWB Family Law, we understand how overwhelming these situations can be and are here to guide you through every step, including bifurcation.
What Is Bifurcation in Family Law?
Bifurcation is a legal process in which one specific issue in a family law case is separated from the rest for individual resolution. By isolating and addressing a particular matter, bifurcation can expedite parts of your case while leaving other issues to be resolved later. In California family law, bifurcation is most commonly used to address marital status, but it can also apply to other contested matters.
When we bifurcate a case, it means that one issue—such as dividing property, determining custody, or addressing spousal support—can be set aside for a future trial or hearing. This allows the court and the parties to focus on the more immediate or pressing issues first.
Bifurcation of Marital Status
One of the most common reasons for bifurcation is to restore a party’s marital status while other aspects of the case remain unresolved. This process, known as bifurcation of status, allows one or both spouses to legally end their marriage and be declared single, even if matters like property division, child custody, and support are still pending.
This is especially beneficial if the case has been ongoing for an extended period and one party wishes to move forward with their life without waiting for the resolution of other complex issues. Once the bifurcation hearing is completed and the court approves the request, the parties’ marital status changes to single. However, the court retains jurisdiction to address all other unresolved matters at a later time.
Why Would Someone Request Bifurcation?
Bifurcation can be requested for several reasons, including:
Avoiding Delays
If resolving all the issues in your case could take months or even years, bifurcation allows you to address critical matters sooner.
Personal Reasons
Some individuals may want to restore their single status quickly, perhaps to remarry or for emotional closure.
Streamlining the Case
Narrowing the scope of the case allows the court to focus on one issue at a time, potentially reducing complexity and stress for everyone involved.
What Happens After a Bifurcation?
When marital status is bifurcated, the parties are legally divorced but still need to resolve the remaining issues in their case. These may include:
- Division of Community Property: The court retains jurisdiction to divide marital assets and debts equitably.
- Child Custody and Visitation: If children are involved, custody and visitation arrangements still need to be addressed.
- Support Orders: Spousal and child support orders may be issued or adjusted after bifurcation.
Bifurcation does not eliminate the need to resolve these matters; it simply allows the parties to move forward on certain aspects while leaving others for later
How Can JWB Family Law Help?
At JWB Family Law, we have extensive experience handling bifurcation requests and helping our clients navigate the complexities of family law cases. Whether you want to bifurcate marital status or address other issues separately, we provide the expertise and support needed to ensure your case progresses smoothly. We will help you evaluate whether bifurcation is the right strategy for your situation and guide you through the process.
Contact Us for Expert Legal Guidance
If your case has stalled or you’re looking for a way to address urgent issues without delay, bifurcation might be the solution you need. Contact us at (619) 566 7216 or visit click here to schedule a consultation. Let us help you move forward confidently in your family law case.