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April 03 - 06, 2010
Family law: Bifurcation of marriage
HERE are instances where you may want to secure a decree of dissolution of your mar- riage 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’ mar- riage 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 sta- tus only is such party’s desire to remarry. To successfully counter a request for bi- furcation, 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
YOUR LEGAL PRIMER
The law provides that any or all of the following orders may be imposed on the party requesting bifurcation:
- indemnification of the opposing party from tax liability that may be caused by the termination of marital status occurring before the division of the parties’ commu- nity property;
- joinder of the requesting party’s pen- sion plan as a party to the marital action and if applicable
BY ATTY. TONISITO M.C. UMALI
status (e.g. loss of health insurance cover- age; surviving spouse benefits; derivative Social Security benefits; benefits to a military spouse, etc.) earlier than if marital status was determined with all other is- sues. 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 is- sue of marital status.. The party requesting bifurcation can also agree to certain con- ditions 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.
- maintenance, until judgment is en- tered and becomes final on all remaining issues of existing or comparable health and medical insurance coverage for the opposing party and the minor children or, if insurance is not maintained, payment of health and medical expenses that would have been covered by insurance. ***
Atty. Tonisito Umali is a member of the California State Bar and Integrated Bar of the Philippines. He is also a member of the American Bar Association, Los Angeles County Bar Association and San Fernando Valley Bar Association.
Atty.
Umali obtained his Bachelor of Science major in Legal Management and Juris Doctor degrees at the Ateneo de Manila University. He served as a legislative of- ficer to former Philippine Senator Nikki Coseteng and then Philippine House of Representatives Majority Floor Leader
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FROM LEFT: Dr. Tang Nashed, Gracy Sanchez, Jennifer Ty-De Guzman and Dr. Fe Ludovico- Arago are some of the dedicated staff members of Premier College
Fil-Am Mahahandali, 18 others, new Premier College grads
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(now Senator) Mar Roxas II. He also worked as a legal consultant to former Philippine Senate Majority Floor Leader Loren Legarda. He taught Philippine Con- stitution and Philippine Local Government Code in one of the largest Philippine State University (Polytechnic University of the Philippines). Atty. Umali also served as resource speaker in various seminars and wrote several articles for some Philippine non-government organizations. For your free initial consultation, you can contact him directly at
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