A California divorce can involve several separate issues, including marital status, property division, child custody, child support, and spousal support. These issues do not always move through the court at the same pace. When financial or custody disputes will take substantial time to resolve, a spouse may want to terminate the marital status before the rest of the case is finished. California family law permits the court, in appropriate circumstances, to separate the marital status issue from the remaining disputes through a procedure commonly called bifurcation.

Bifurcation Separates Marital Status From Other Divorce Issues

Bifurcation allows the California family court to address one issue separately from the others in the divorce.

When marital status is bifurcated, the court can conduct a separate proceeding concerning termination of the marriage while reserving unresolved matters for later determination.

This can result in what is commonly described as a status-only judgment.

After marital status is terminated, the former spouses are legally divorced even though the family court may still need to decide property division, support, or other reserved issues.

Bifurcation can be particularly relevant when the financial portion of a California divorce is taking a long time to complete. A complicated business valuation, disputed separate property claim, extensive discovery, or another unresolved issue may prevent the entire case from being ready for final judgment.

California law reflects a policy that termination of marital status generally should not have to remain unresolved solely because other issues require additional time.

However, bifurcation is not automatic simply because one spouse requests it. The family court has discretion to determine whether the request should be granted.

A Spouse May Request an Early Termination of Marital Status

A party seeking bifurcation can ask the court to separately determine marital status through the appropriate motion procedure.

There can be several reasons for requesting a status-only judgment.

For example, a spouse may want to remarry while complicated property issues remain pending. Tax considerations may also make marital status significant. In other situations, a spouse may simply want the legal marriage terminated without waiting for lengthy litigation concerning other parts of the case.

Bifurcation does not allow the parties to avoid California’s minimum waiting period for termination of marital status.

The court cannot terminate the marriage earlier than the date permitted under California divorce law merely because bifurcation has been requested.

When the applicable requirements have been satisfied, however, the court may terminate marital status and reserve jurisdiction over unresolved matters.

The Court Can Impose Conditions When Granting Bifurcation

Terminating marital status before resolving financial issues can create consequences that would not exist if the parties remained married until the entire case was completed.

For that reason, California law allows or requires the court to address specified conditions associated with an early termination of marital status.

Depending on the circumstances, these conditions can concern issues such as health insurance, retirement or survivor benefits, tax consequences, and other financial protections affected by terminating the marriage before the remaining issues are decided.

The purpose is to address potential prejudice created by the early termination of marital status.

A status-only judgment also does not dispose of the unresolved property or support claims. Those matters remain within the divorce proceeding and must still be resolved through settlement, further hearings, or trial.

The parties therefore can be legally divorced while continuing to litigate the financial consequences of the marriage.

Bifurcation Can End the Marriage Without Ending the Entire Case

California divorce does not always require every issue to be resolved before marital status can be terminated. Through bifurcation, the family court may grant a status-only judgment while reserving property, support, custody, or other unresolved matters for later determination. The procedure can be useful when the remaining disputes will require substantial additional time, but the court retains discretion over the request and may impose conditions designed to address financial consequences resulting from the early termination of marital status.