If my husband wants bifurcation for marital status only, can this hurt me?

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If my husband wants bifurcation for marital status only, can this hurt me?

We have been going through the divorce process for 3.5 years. We tried to work it out about 6 times. Divorce had been stopped and he moved in but without any reason he left on 8/12. He wants bifurcation for marital status only. I’m OK with it but since we have community property and I want things dissolved between us I am worried if I sign it would it harm me? How would I know he will finalize in due time? I have no money left. I have asked him to go to mediator but he didn’t respond. I asked 4 more times to find a lawyer he didn’t respond. He’s been gone since 8/20 andwon’t be coming back until 9/17. Paying spousal and child support but hasn’t seen the kids. I don’t work.

Asked on September 3, 2010 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would not suggest that you give in to this without consultation from an attorney in your state.  I can see a person wanting bifurcation and dissolution in order to enter in to another marriage when the division of assets is really what the parties are fighting about.  But I think that your fear here that he may just never get a lawyer and deal with the distribution of your assets is valid.  If you have tried - and I really think that you have tried - and it did not work there is no reason to linger on for your sake or his or your children.  It is time for you to get a lawyer and serve him with papers requesting that the court deal with the divorce as a totality.  Good luck. 


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