Once you’ve obtained a bifurcation in your divorce proceedings, you are legally single while other issues, such as property division, are still pending. If you’re hoping to speed up the process of dividing community assets after bifurcation in California, here are some steps you can take to help move things along:
1. File a Motion for Property Division
To prompt the court to address the division of community assets promptly, you can file a Motion for Property Division. This motion formally requests the court to allocate the assets and debts as soon as possible, separate from any other unresolved issues, such as child custody or spousal support. Make sure your motion is:
- Clear and concise, outlining all assets and debts.
- Supported by relevant documentation that proves ownership, value, and other pertinent details.
2. Request a Settlement Conference
A Settlement Conference provides an opportunity to resolve asset division without going to trial. At this conference, both parties and their attorneys meet with a judge or court-appointed official to negotiate and attempt to reach a resolution. A settlement conference is generally quicker than a trial and can provide an opportunity to address any disputes or delays directly with the court’s involvement.
3. Engage in Mediation
If you and your ex-spouse are open to working together, mediation can be an effective way to expedite the division of community assets. Mediation allows both parties to negotiate with the help of a neutral third party, focusing on finding mutually agreeable solutions without court intervention. This can save time and costs, and agreements reached through mediation can be submitted to the court for approval.
4. Submit a Proposed Division of Assets
To help the court make a quicker decision, consider submitting a Proposed Division of Assets. This document outlines your suggested distribution of assets and debts, providing a starting point for the court to review. Be sure your proposal is:
- Detailed and supported by financial documents (e.g., bank statements, property appraisals).
- Fair and in line with California’s community property laws, which generally require equal division.
5. Prepare for a Trial Setting Conference
If mediation and settlement conferences do not resolve the asset division, you may need to prepare for a Trial Setting Conference. During this conference, you and your attorney will discuss trial logistics with the judge, including potential trial dates and any outstanding issues. To expedite the process:
- Ensure all documentation regarding community assets is organized and complete.
- Work with your attorney to develop a clear strategy for presenting your case to the judge.
6. Use Discovery to Clarify Asset Details
The discovery process allows you to gather more information from your ex-spouse about any hidden or disputed assets. Through depositions, interrogatories, and subpoenas, you can obtain a clearer picture of all assets involved, making it easier for the court to divide them. Quick and efficient discovery can often expedite the asset division by clarifying any discrepancies early on.
7. Consider Stipulated Judgments for Agreed Assets
If there are assets that both parties agree upon, filing a Stipulated Judgment can help expedite the process. A stipulated judgment is a legal agreement that specifies how certain assets will be divided, allowing the court to approve these terms without needing a trial. By resolving agreed-upon assets in this manner, you can reduce the overall time and complexity of the asset division process.
8. Request Interim Orders for Urgent Asset Distribution
For assets that require immediate attention, such as business assets or accounts needed for daily expenses, you can request Interim Orders. These orders allow the court to make temporary decisions about specific assets while the broader division is still pending. Interim orders can help prevent financial disruptions and keep the process moving.
Conclusion
After bifurcation, speeding up the division of community assets often requires proactive steps. By filing the appropriate motions, engaging in mediation, and utilizing settlement tools, you can help streamline the process. As each case is unique, consider consulting a family law attorney who can guide you through the process and help you achieve a faster resolution.
This blog is for informational purposes only and is not a substitute for professional legal advice.
***
Disclaimer: This blog is for informational purposes only and should not be considered legal advice. Consult an attorney for advice on your specific situation.
