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Sample California motion to bifurcate marital status
 

Sample California motion to bifurcate marital status

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This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an ...

This sample points and authorities in support of a motion to bifurcate marital status in California is filed under the provisions of Family Code section 2337 and is used when a party is requesting an early and separate trial on the issue of dissolution of marital status, the sample also requests an early and separate trial on other issues as well pursuant to California Rule of Court 5.390(b). The sample on which this preview is based is 8 pages and contains brief instructions, a memorandum of points and authorities with citations to case law and statutory authority and a sample declaration. The author is a freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents.

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    Sample California motion to bifurcate marital status Sample California motion to bifurcate marital status Document Transcript

    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any Attorney or Party Any Street Any Town, CA 99999 555-555-5555 Any Attorney or Party Superior Court of the State of California For the County of _____________________ In re the Marriage of: _____________________ Petitioner, and ___________________ Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION OF MARITAL STATUS AND _______ To subscribe to my FREE California weekly legal newsletter visit http://www.legaldocspro.net/newsletter.htm and enter your e-mail address. Be sure to remove this notice and all other notices before using this document. To view details of a California dissolution (divorce) document collection containing over 21 documents and selling for only $69.99 visit http://legaldocspro.net/?page_id=351 - 1 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION ________________________, herein submits their memorandum of points and authorities in support of their request for bifurcation of marital status and LIST ANY OTHER ISSUES THAT YOU WISH TO BE BIFURCATED SUCH AS DATE OF SEPARATION, VALUATION OF PROPERTY, ETC. ________ contends that their request should be granted on the grounds that LIST HERE THE GROUNDS FOR BIFURCATION OF MARITAL STATUS OR OTHER ISSUES SUCH AS YOU WANT TO REMARRY, FOR TAX REASONS, ETC. CITE TO THE FACTS AND EVIDENCE PRESENTED IN THE SUPPORTING DECLARATION AS WELL INCLUDING ANY ATTACHED EXHIBITS IF APPROPRIATE. __________ also contends that they have complied with all applicable provisions of Family Code § 2337 relating to an early and separate trial on the issue of dissolution of marital status and have made a sufficient showing to meet their burden. Thus this court should require the ___________ to present compelling reasons why the issue of marital status should not be bifurcated. You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to the situation. /// /// /// - 2 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. ARGUMENT A. THIS COURT HAS THE AUTHORITY TO GRANT THIS MOTION AND GRANT AN EARLY AND SEPARATE TRIAL ON THE ISSUE OF THE DISSOLUTION OF THE MARITAL STATUS Family Code § 2337(a) states that, “In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues.” Thus this court has the statutory authority to grant this request. Further __________ has previously served a preliminary declaration of disclosure with schedule of assets and debts on _____. Therefore they have complied with the provisions of Family Code § 2337(b) and have also complied with all other relevant provisions of Family Code § 2337. And ________ is willing to comply with any reasonable conditions detailed in Family Code § 2337 that this court may place on their request. __________ requests an early and separate trial on the issue of the dissolution of the marital status on the grounds that LIST HERE THE REASONS YOU WANT TO BIFURCATE THE MARITAL STATUS SUCH AS YOU WANT TO REMARRY, TAX REASONS, ETC. CITE TO THE SECTIONS OF THE SUPPORTING DECLARATION AS WELL AS ANY ATTACHED EXHIBITS. You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to the situation. - 3 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. THE MOVING PARTY HAS MET THE BURDEN REQUIRED OF A PARTY SEEKING BIFURCATION OF MARITAL STATUS. THE BURDEN IS NOW ON __________ TO PRESENT COMPELLING REASONS WHY MARITAL STATUS SHOULD NOT BE BIFURCATED _______ has met the burden required of a party seeking bifurcation of marital status. The California Courts have ruled that once the moving party meets their burden the burden shifts to the opposing party to present compelling reasons why the issue of marital status should not be bifurcation. The Legislature intends "`that the dissolution of marriage should not be postponed merely because issues relating to property, support, attorney fees or child custody [are] unready for decision.' Gionis v. Superior Court (1988) 202 Cal.App.3d 786, 788. "Severance of a personal relationship which the law has found to be unworkable and, as a result, injurious to the public welfare is not dependent upon final settlement of property disputes. Society will be little concerned if the parties engage in property litigation of however long duration; it will be much concerned if two people are forced to remain legally bound to one another when this status can do nothing but engender additional bitterness and unhappiness." Hull v. Superior Court (1960) 54 Cal.2d 139, 147-148. " Consistent with the legislative policy favoring no fault dissolution of marriage, only slight evidence is necessary to obtain bifurcation and resolution of marital status. On the other hand, a spouse opposing bifurcation must present compelling reasons for denial." Gionis v. Superior Court, supra, 202 Cal.App.3d at p. 790. In fact one California Court of Appeal has stated in a published case that in dissolution proceedings, bifurcation is "encouraged." In re Marriage of Wolfe (1985) 173 Cal.App.3d 889, 894. - 4 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to the situation. Only use section C below if you are requesting bifurcation of any other issues such as date of separation, valuation of property, etc. C. THIS COURT HAS THE AUTHORITY TO GRANT THIS MOTION AND GRANT AN EARLY AND SEPARATE TRIAL ON THE ISSUE OF _______________________ The California Rules of Court expressly permit trial courts to "try separately one or more issues before trial of the other issues . . . ." Cal. Rules of Court, rule 5.390(b). Thus this court has the authority to grant an early and separate trial on the issue of LIST OTHER ISSUE SUCH AS DATE OF SEPARATION, ETC. on the grounds that LIST HERE THE SPECIFIC REASONS WHY THE COURT SHOULD GRANT AN EARLY AND SEPARATE TRIAL ON THE OTHER ISSUES SUCH AS IT IS LIKELY TO SIMPLIFY DETERMINATION OF THE OTHER ISSUES. As previously mentioned, one California Court of Appeal has stated in a published case that in dissolution proceedings, bifurcation is "encouraged." In re Marriage of Wolfe (1985) 173 Cal.App.3d 889, 894. You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to the situation. /// - 5 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. CONCLUSION Based on the foregoing facts, arguments, and points of law, the Court is urged to grant the request for an early and separate trial on the issue of dissolution of marital status and LIST ANY OTHER ISSUES HERE. DATED: ______________________ _____________________________________________ Any Attorney or Party - 6 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION ________________ I, _______________declare as follows: 1. I am the ____________ in the above-entitled action. I have personal knowledge of the foregoing, and if called upon to testify as a witness, I could and would competently testify to the facts set forth in this declaration. 2. I make this declaration in support of the foregoing request for an order granting an early and separate trial on the issue of dissolution of marital status and LIST ANY OTHER ISSUES HERE. 3. I am requesting an order granting an early and separate trial on the issue of dissolution of marital status due to the fact that LIST HERE THE REASONS SUCH AS YOU WANT TO REMARRY, TAX REASONS, ETC. 4. I served my preliminary declaration of disclosure with schedule of assets and debts on ____________ on LIST DATE DOCUMENT WAS SERVED ON THE OTHER PARTY. I have also complied with all other provisions of Family Code section 2337 such as LIST HERE ANY OTHER PROVISIONS SUCH AS YOUR PENSION PLAN HAS BEEN JOINED AS A PARTY, ETC. 5. I am requesting an order granting an early and separate trial on the issue of LIST HERE THE OTHER ISSUES AND INCLUDE ENOUGH FACTS AND EVIDENCE TO SUPPORT YOUR REQUEST. IF ANY DOCUMENTS SUPPORT YOUR REQUEST ATTACH THEM AS EXHBIT “1”, ETC. You need to state the facts that pertain to your particular situation. Do NOT just use the wording here unless it definitely applies to the situation. - 7 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION
    • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and that this declaration is executed on ____________, 20___ at ______, California. ___________________________________________ SIGNATURE OF DECLARANT - 8 - POINTS AND AUTHORITIES IN SUPPORT OF REQUEST FOR BIFURCATION