Some California divorces take a long time to resolve because spouses remain divided over property, support, or other financial issues. In certain cases, however, a spouse may want to restore their status as a single person before every other issue has been decided.

California family law provides a procedure commonly known as “bifurcation” that can allow marital status to be addressed separately from the remaining issues in the divorce.

What Does Bifurcation Mean in a California Divorce?

Bifurcation essentially means separating one issue from the others so that it can be decided first.

In a California dissolution case, marital status can be separated from unresolved issues such as community property division. The court may terminate the parties’ marital status while reserving jurisdiction to decide the remaining matters later.

This can be useful when the spouses agree that the marriage should end but complicated financial questions are preventing the entire case from reaching judgment. For example, a business may still need to be valued, property characterization may remain disputed, or another community asset may require additional investigation.

Ending marital status first does not make those unresolved issues disappear. They remain part of the family law case and must still be resolved through settlement or further court proceedings.

A request for a separate trial on an issue is made through the applicable California family court procedure. The requesting party must identify the issue to be decided separately and provide the information required to support the request.

Why Would Someone Want to End Marital Status First?

A divorce involving significant property can take considerable time to complete. One spouse may not want unresolved financial disputes to indefinitely delay the legal end of the marriage.

Bifurcation can separate those two concerns. The spouses can become legally divorced while the family court retains authority to finish dividing the community estate or address other reserved issues.

There are important practical consequences, however. Terminating marital status affects legal rights associated with being married. California therefore imposes protections designed to address some of the potential financial consequences of ending marital status before the rest of the case has been completed.

Retirement benefits are one area requiring particular attention. When marital status is bifurcated while retirement issues remain unresolved, the judgment must include protections for the rights of the spouse who may have an interest in the retirement plan.

This is one reason a status-only judgment should not be viewed as simply signing paperwork to become single sooner. The remaining financial rights still need to be protected.

What Happens to Property That Has Not Been Divided?

The family court can reserve jurisdiction over community assets that have not yet been divided.

If an asset cannot be accurately valued when another part of the case is being decided, the court may leave that asset for later determination. In a bifurcated case, the trial at which property is actually divided remains important for purposes of determining the appropriate valuation date.

California generally values community assets and liabilities as near as practical to the time they are divided at trial, although the court may use an alternate valuation date when the applicable requirements are satisfied.

This can be significant if an asset changes substantially in value between the termination of marital status and the eventual property trial.

Bifurcation therefore changes the timing of the divorce but does not eliminate the need to identify, value, characterize, and divide community property.

Marital Status and Financial Issues Can Sometimes Be Resolved Separately

California divorce cases do not always have to resolve every issue at the same time. Through bifurcation, marital status may be terminated while the family court reserves unresolved property or other matters for later proceedings. Because ending marital status can affect important financial and retirement rights, however, the process includes protections that should be considered before a status-only judgment is entered.