Can I Get a Quick Divorce When Issues Exist Regarding Property, Support & Custody?
11/16/2011
The
decision to terminate one’s marriage typically brings to the forefront many
issues all at once. Issues pertaining to property, support, and child custody
need to be addressed in a divorce proceeding. In a long term marriage
especially, these issues are often heavily litigated between the spouses, and
can take a significant amount of time to resolve. Frequently, a spouse would
like to “move on,” and re-attain single status as soon as possible, but has a
perception that to become divorced, issues concerning property, support, and
child custody first need to be resolved. Many erroneously believe that getting a
divorce prior to resolution of property, support, and custody issues is like
putting the “carriage before the horse” – an impossibility. Under the Family
Code, a spouse can “bifurcate” the issue of marital status and terminate the
marriage without having to wait until the issues pertaining to property,
support, and child custody are resolved.
A judgment dissolving the marriage need not resolve all issues raised in the divorce petition. If there are issues set forth in the petition with regard to property, support, and custody, the Court may nonetheless separate the issue of dissolution of marriage status and grant an early trial on that issue (a “status only” judgment). Obtaining a “status only” judgment is most beneficial to those persons who want his or her marriage terminated as soon as possible. Through a “status only” judgment, a person is restored to single status more quickly, enabling a person to remarry even if other issues concerning the marriage have yet to be resolved.
It is important to note, however, that a judgment terminating the marriage itself also brings with it the consequence of terminating rights associated with marriage. To address the foregoing, the Court may impose conditions on a “status only” judgment, to preserve rights which normally would exist if an early dissolution of marriage status were not granted. The Court may require a spouse seeking early dissolution of marriage status to do any of the following, all designed to protect the interests of the spouse who is not seeking early dissolution:
1. indemnify the other spouse for adverse tax consequences resulting from the early termination of marital status,
2. maintain the other spouse on existing health insurance,
3. indemnifying the other spouse from loss of rights to a probate homestead or probate family allowance,
4. indemnify the other spouse for loss of benefits under employee benefit plans,
5. joinder of an employee benefit plan, and
6. any other condition that the court determines is just and equitable.
With a “status only” judgment, the Court reserves jurisdiction to adjudicate any other issues concerning the marriage, including division of property, award of support and custody issues. Accordingly, if you would like to obtain a “status only” judgment, and resolve any other issues pertaining to the marriage later, it is advised that you consult with an experienced attorney.
A judgment dissolving the marriage need not resolve all issues raised in the divorce petition. If there are issues set forth in the petition with regard to property, support, and custody, the Court may nonetheless separate the issue of dissolution of marriage status and grant an early trial on that issue (a “status only” judgment). Obtaining a “status only” judgment is most beneficial to those persons who want his or her marriage terminated as soon as possible. Through a “status only” judgment, a person is restored to single status more quickly, enabling a person to remarry even if other issues concerning the marriage have yet to be resolved.
It is important to note, however, that a judgment terminating the marriage itself also brings with it the consequence of terminating rights associated with marriage. To address the foregoing, the Court may impose conditions on a “status only” judgment, to preserve rights which normally would exist if an early dissolution of marriage status were not granted. The Court may require a spouse seeking early dissolution of marriage status to do any of the following, all designed to protect the interests of the spouse who is not seeking early dissolution:
1. indemnify the other spouse for adverse tax consequences resulting from the early termination of marital status,
2. maintain the other spouse on existing health insurance,
3. indemnifying the other spouse from loss of rights to a probate homestead or probate family allowance,
4. indemnify the other spouse for loss of benefits under employee benefit plans,
5. joinder of an employee benefit plan, and
6. any other condition that the court determines is just and equitable.
With a “status only” judgment, the Court reserves jurisdiction to adjudicate any other issues concerning the marriage, including division of property, award of support and custody issues. Accordingly, if you would like to obtain a “status only” judgment, and resolve any other issues pertaining to the marriage later, it is advised that you consult with an experienced attorney.
Source:Asian Journal
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