Family Law

San Jose Divorce Attorney Discusses Bifurcation?Termination of Status

By Scott Sagaria

San Jose Divorce Attorney Discusses Bifurcation?Termination of Status

The common myth in divorce is that a person is automatically ?divorced? after six months from the date of filing. However, this is not true. A person is only qualified to be ?divorced? if all issues including community property have been resolved. However, if a person wants to have the status of ?single? and possibly remarry, they can make a motion to bifurcate just their status. This means that all the community property issues and any other unresolved issues remain however, a person may have the status of ?single? in stead of ?married.?

What needs to be noted is that before a bifurcation will be granted the party must also join any pensions or retirement plans as a party to the case. This is pursuant to Family Code §2337 which states that in a proceeding for dissolution of marriage, the court may sever and grant a bifurcation of status apart from the other issues that need to be resolved in the marriage. Under the statute, prior to the entry of judgment terminating status ?the party?s retirement or pension plan shall be joined as a party to the proceeding for dissolution.? This is because pension plans especially must be divided by the time it was accumulated during the marriage. Therefore, timing issues and division issues can arise if the pension is not joined as a party prior to the bifurcation of status. With a bifurcation, you will still have to deal with the difficult issues that arise out of divorce, like property division and custody (if there are children). But at the very least, this gives people the emotional closure that they need to move on.

If you have questions about child custody, or child support, or any other family law matter, the attorneys at Sagaria Law can help. We have a team of attorneys experienced in all types of family law cases, including divorce, paternity, support and property division. We offer a free thirty minute consultation, either over the phone or in person at any of our five Northern California locations: Redwood City, Fremont, San Jose, Sacramento, Salinas. Call 1-800-941-6730 or visit us online at www.sagarialaw.com today to schedule your free consultation.

Full post as published by California Family Law Blog on January 28, 2009 (boomark / email).