Bifurcated Divorce Examples & When To Use It

Bifurcation is a legal tool that separates the dissolution of the marriage — the actual ending of marital status — from the other issues in a divorce case, like property division, spousal support, and child custody. In California, it can be a useful option when couples want the marriage ended quickly while leaving financial and parenting matters to be resolved later.

What does bifurcate mean?

To bifurcate means to split the divorce into two parts: the status of the marriage (are you married or not) and the remaining unresolved issues (property, support, custody). A bifurcated judgment finalizes the marital status while the court keeps jurisdiction to decide the other matters at a later date.

“Bifurcate means separate the divorce — the dissolution of marriage — from everything else: property division, custody, and all that other good stuff.”

Common scenarios where bifurcation is used

• You previously filed for legal separation and now want a divorce. Even if a legal separation case is already on file, you still must file a request or stipulation to bifurcate before submitting a status-only dissolution or judgment that ends the marital status.
• You are in the middle of a divorce but want to finalize the marriage status first. Couples sometimes want the divorce finalized sooner than other issues can realistically be resolved, so they separate the status question from property, custody, and support matters.
• Practical reasons. Finalizing marital status can affect things like benefit eligibility, remarriage, or clearing up legal status for personal reasons while allowing time to negotiate complex financial or parenting arrangements.

How to get a bifurcated divorce in California

There are two basic paths to bifurcation:

1. Agreement (stipulation to bifurcate)If both parties agree, the easiest route is a stipulation. Both spouses sign the stipulation to bifurcate, file it with the court, and the judge signs an order. After the order, you can submit a judgment for bifurcation and the marital status is dissolved while other issues remain pending.
2. Court request or motionIf you cannot agree, you can ask the court to bifurcate by filing a request or motion. The court will consider the circumstances and decide whether bifurcation is appropriate. This route can be longer and less predictable because the judge has discretion.

Important points to keep in mind

• Filing is required even after legal separation. Having a prior legal separation does not automatically dissolve the marriage. You still need to file the appropriate paperwork to bifurcate and obtain a judgment that ends the marital status.
• Other issues remain unresolved. A bifurcation only finalizes the marital status. Property division, support, custody, and visitation remain under the court’s jurisdiction until they are resolved by agreement or court order.
• Best for amicable cases. Bifurcation works smoothly when both parties cooperate. If the case is contentious, expect the court process to be more involved.

Step-by-step checklist

1. Decide whether you want to end marital status now while leaving other issues for later.
2. If both parties agree, draft and sign a stipulation to bifurcate and file it with the court.
3. If there is no agreement, prepare and file a request or motion asking the court to bifurcate the case.
4. Once the judge signs the order, submit the judgment for bifurcation to finalize the marital status.
5. Continue working on unresolved issues under the court’s jurisdiction until they are resolved.

Final considerations

Bifurcation can provide clarity and closure on marital status while preserving the ability to negotiate or litigate other matters later. It is especially useful when parties are amicable and want to streamline the process. When considering bifurcation, verify the local court procedures and consider consulting a lawyer or mediation service experienced in family law to ensure the paperwork and timing are handled correctly.