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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39051
Experience:  Retired (mostly)
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Hi I am going through a contested divorce case right now in

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Hi I am going through a contested divorce case right now in Los Angeles, CA. Case has been going on for 3 years. No children. 2 year marriage. Pretty much no assets (there was a house that was mine but it is gone now in forclosure). We each have a 401 K plan but thats it. Since it was so slow I applied for a bifurcation so I could become single but the judge said I would need to agree to all the conditions on FL-347 because my ex checked all those boxes. I am weary to do that because of health insurance: he was on my insurance when we separated. I kept paying for all this time. But, I recently lost my job and my insurance ended so I am not paying for his insurance now. Should I just check the box so I can get a bifurcation or is this a trap and I should not do it? Since we don't even have any assets, maybe I should forget the bifurcation and simply get the case ended. But, how do I do that? Is there a form to dismiss the case?

While your case may be technically contested, there appears to be nothing to fight over (no money, kids, extremely short marriage). It seems to me silly to continue the case or obtain a bifurcation. If your spouse and you cannot stipulate to the terms of a final judgment and marital settlement agreement, then you must bring the case to trial, before the judge can make final orders.

In order to bring the matter to trial, you must file a Request for Trial Setting. There are other forms that must be filed, such as the Declaration re Final Declaration of Disclosure. But, the botXXXXX XXXXXne is that if you want it over with, agreeing to a bifurcation is not going to get you anything but another delay.

Please let me know if I can be of further assistance.
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