THERE are instances where you may want to secure a decree of dissolution of your marriage pending resolution of so many issues in your divorce case. This is what you call “bifurcation of your marital status issue” only.

Under Section 2337 if the California Family Code, the court may, on motion, sever (or bifurcate) and grant an early and separate trial on the issue of dissolution of the parties’ marriage, apart from the other issues in the action. However, whether the court should grant the requested bifurcation and issue a “status only “ judgment terminating the parties’ marriage is an issue of law the determination of which is within the judicial discretion of the court.

The court also has the power to bifurcate and try separately issues other than marital status (e.g.: child custody; child support; spousal support, etc.).

The usual reason for a party to request for bifurcation of the issue of marital status only is such party’s desire to remarry. To successfully counter a request for bifurcation, the opposing party must show compelling reasons why he or she would be prejudiced by an early termination of marital status.

The granting of bifurcation and status-only judgment may cause the loss of valuable rights associated with marital status (e.g. loss of health insurance coverage; surviving spouse benefits; derivative Social Security benefits; benefits to a military spouse, etc.) earlier than if marital status was determined with all other issues. Under aforementioned section of the Family Code, the court may impose various requirements on a party who seeks bifurcation as a condition to severing the issue of marital status.. The party requesting bifurcation  can also agree to certain conditions as part of the bifurcation request. In the event of that party’s death, an order imposing such conditions would continue to be binding on his/her estate.