Family Matters.
When It Really Matters.

Can I Become Legally Single Before the Divorce is Finalized?

On Behalf of | Dec 20, 2019 | Divorce

We are often asked “Can I become legally single before the divorce is finalized?”  There are many issues surrounding the time frame for a divorce in North County San Diego and if there is an option to become legally single before all of the issues related to the divorce are actually settled.

In California it is possible to consider what is known as a “bifurcated divorce.” Generally speaking this decision divides the process of ending a marriage into two separate issues:

1. The completion of all aspects of the divorce itself such as the division of property, child custody & parenting time, child support, spousal support and any other issue contained within the final divorce orders, and
2. The termination of the “marital” status of the parties, changing the legal status of each to be “single.”

The parties must make a request of the judge who will consider whether or not to grant the application for a bifurcated divorce process. California is a “no-fault” divorce state, so this is often a straight forward process.  You must still complete all of the steps associated with the divorce case and agree to work through remaining issues.

The option for a bifurcated divorce is useful when one or both of the parties wish to remarry.  Once the application has been granted and the parties legal status is changed the parties are free to remarry after a specific time frame.  While a bifurcated divorce can free the parties, it can have a detrimental affect upon many other issues such as tax filing and health insurance for dependent spouses who share a health plan.

Changing the marital status may also remove much of the incentive for some parties to work through and resolve issues in dispute in a timely or cost-efficient manner. Like most issues in life, the bifurcated divorce has substantial “pros” and “cons.”

This is why it is important to work with the experienced Carlsbad Certified Family Law Specialists at Burke & Domercq, APC in order to become legally single before the divorce is finalized. Our partners have represented clients before North County family law courts for decades.  We invite you to review the recommendations of our clients and contact us or call 760-389-3927 to schedule an appointment with one of our attorneys.