What Are Bifurcated Trials In CA Divorce Cases?

In a few cases, the party involved in a legal separation or divorce case may request an earlier or separate trial on a specific issue related to the divorce case. It means that the court comes to a decision on that particular issue while other issues continue to wait for a solution. This is done when an extremely important issue must be decided and one party or both of them could not wait until the complete case gets decided. 

Tackling issues

A few issues which can be tackled in this manner include the permanent custody and also visitation of children. The separate date of parties concerned and validity of prenuptial agreement. It also concerns the end of marital status. The last concerns the dissolution of marriage or the legal separation.

Separate trials could be permitted by the court as resolution of this particular issue could be the only factor which bars the solution of all other issues. To give an example, the date of separation can be extremely important as it finds out the moment in time when the debt or property stops belonging to both the partners and spouses. Many couples fight over the date as it can determine the ownership of a property to both of them or to only one of the couples. A judge can settle this issue and subsequently all arguments concerning whether a property belongs to both partners or any one of them will be resolved. 

Forms needed

In case a domestic partner or spouse has filed a separate trial motion, it will be possible to file a response through filling out and then filing the Responsive Request for Order and attaching Request or Response to Request for Separate Trial. Do understand that a separate trial request to a judge is not an easy affair. You must convince judge on the reason to give it. Consult a lawyer for the extensive paperwork.

You should find a good lawyer to file your case. The standard procedure consists of contacting the county bar association in your county. There are also a number of referral services through which you can get certified lawyers.

In case you cannot afford to take a lawyer, it is possible to obtain low cost or free legal assistance in cases which are non-criminal in nature. These are obtained from any legal services program. It will depend on the nature of the legal problem and also on the amount of money you make.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.