Bifurcated Divorce Attorney in San Diego, CA
What Is Bifurcated Divorce in California?
California allows what is called a bifurcated divorce, which grants the dissolution of a marriage before all of the other aspects of a divorce are finalized.
Ordinarily, a couple would have to resolve matters like child custody and division of assets and debts before a divorce can be granted, but depending on the circumstances of the case, it can potentially take several months or even years before a resolution is reached. In order to move forward with a divorce more quickly and avoid slow divorce proceedings, a couple may agree to apply for bifurcation.
If you are considering divorce and have questions about bifurcated divorce, then our team is available to offer you expert guidance!
Common Reasons for Bifurcating a Divorce
The majority of divorcing couples who ask for bifurcation do so because one or both spouses wish to remarry sooner without having to potentially wait years for all aspects of their divorce to be handled.
Couples can apply for bifurcation immediately after California’s six-month waiting period has elapsed, and may have their request approved within weeks. If bifurcation is granted, each party will be free to potentially remarry less than one year after filing for divorce.
What are the Advantages of a Bifurcated Divorce?
A divorce is an emotionally charged process, and it can be made even more difficult if the divorce is not amicable. One way to minimize the stress of a divorce is to opt for a bifurcated divorce. In a bifurcated divorce, the divorce itself is finalized first, and then any outstanding issues, such as property division or child custody, can be resolved later. This type of divorce has several advantages:
- It allows the parties to move on with their lives more quickly.
- It can prevent one spouse from purposefully prolonging the divorce in order to obtain a better settlement.
- It can prevent the other spouse from remarrying out of spite.
- It can be less expensive than a traditional divorce, since it requires only one round of legal proceedings.
- It can help to preserve relationships between the parties, especially if they have children together.
- Bifurcation provides certain tax advantages as well, allowing one party to file his or her tax return as a single person for that year.
For these reasons, a bifurcated divorce may be the best choice for couples who are seeking to end their marriage.
Handling a Bifurcated Divorce in California
It is important to consult an attorney on whether this is the best option for your particular case, as early termination of a marriage may have unwanted consequences. For example, federal law requires that a marriage last at least 10 years in order for one spouse to claim Social Security benefits based on the employment history of the other spouse.
Another consideration to keep in mind when seeking to speed up a divorce involves the termination of health coverage. An attorney at our firm can examine your case from all angles to help you make an informed decision based on the pros and cons.
Contact Family Law San Diego
If you have questions about bifurcation, our divorce attorneys would be happy to review your case. Even if bifurcation is not an option, we can discuss other options that are available to you, including mediation and other methods of alternative dispute resolution that can help you resolve your divorce as cooperatively and efficiently as possible. We are backed by decades of experience and numerous glowing testimonials from former clients.
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