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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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I'm in the middle of a divorce. We are almost finished with

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Hi, I'm in the middle of a divorce. We are almost finished with mediation and my husband has been and is becoming more uncooperative. He is VERY apathetic about the whole thing. He is now refusing to pay his share of the mediation expenses and drags his feet when it comes to signing paperwork. My number one concern is being restored to single status on Dec 7th when the 6th month waiting period is up. He is so unstable I know this could drag on for years. I just started learning about bifurcation in California and I want to pursue this. He has a history of drug abuse and has been verbally abusive, financially wreckless, etc. How hard would it be to pursue bifurcation early on so as to avoid going past the waiting period mark?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: custody is filed he has been served
JA: Anything else you want the lawyer to know before I connect you?
Customer: no ok

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Here California law favors bifurcation. A California judge is able to grant bifurcation for almost any reason, as long as there is no compelling and particular reason not to bifurcate. This allows couples to resolve their marital status before tackling contentious and expensive issues. This can prevent one party from holding the marriage hostage to effect a more favorable settlement. For example, if a man knows his wife wants to remarry, he may refuse to agree on property distribution or another issue, in order to prolong the negotiations and force his wife to give in. With bifurcation, the wife could get remarried before the property issue is resolved, removing the husband's leverage. This may speed up resolution of contentious issues in the long run.

In California, the court can also bifurcate certain issues in the divorce into two parts. Bifurcating particular issues in a divorce can end up saving both time and money, and the court may not need to go to the second part in some cases. For example, if spouses disagree on whether a family business is community property or separate property, the court can bifurcate the trial into two parts. In the first part, the court determines if the business is separate property or community property. If the business is found to be community property, then the court decides how to split the property in the second part. If the business were found to belong to only one spouse, there would be no need for a second part.

It may well work for you here to bifurcate your divorce so it can be granted and resolve property later.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars it is much appreciated.

Customer: replied 3 months ago.
Great, thanks so much!! Can I ask one more question? Can I apply for it early, knowing he will try to drag it out as long as possible? I have about 4.5 months left in the waiting period, the custody has been filed and served, but he is dragging his feet on everything else. Can I start the process of pursuing that like tomorrow?

Yes you can here, you would amend your petition here asking for bifucation and then serve them the amended petition.Then contatc court about setting it.Thanks again.

Customer: replied 3 months ago.
Ok, great and if I pay a service to serve him the papers he has to sign right? Can I get it even if he's uncooperative?
Customer: replied 3 months ago.
Also, how much does it usually cost to do a bifurcation? (last question)

Yes you can serve him with them and it will count if you try and he willnot sign.It should not cost much more than a regular divorce, you are just breaking it into two parts, you don't do anything extra really.

Thanks again and the best.

Contact the State Bar for help

Thanks for rating 5 stars.

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