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Bifurcating Divorce Proceedings

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  • 09-24-2017, 12:07 PM
    SlaveToHer
    Bifurcating Divorce Proceedings
    My question involves a marriage in the state of:CA

    Are QDROs or pre-approval of QDROs legal basis for delaying or denying a motion to bifurcate?

    This dissolution started July, 2015 and I am about to go for a third hearing on bifurcation. I am the Respondent.

    Thanks,
  • 09-24-2017, 01:53 PM
    llworking
    Re: Divorce
    Quote:

    Quoting SlaveToHer
    View Post
    My question involves a marriage in the state of:CA

    Are QDROs or pre-approval of QDROs legal basis for delaying or denying a motion to bifurcate?

    This dissolution started July, 2015 and I am about to go for a third hearing on bifurcation. I am the Respondent.

    Thanks,

    Not enough information to even hazard a guess.
  • 09-25-2017, 07:34 PM
    SlaveToHer
    Re: Divorce
    Can you tell me what information is necessary? I thought that Bifurcation was to bifurcate settlement issues from the status of the marriage. QDROs are a settlement issue are they not?
  • 09-25-2017, 11:01 PM
    Mr. Knowitall
    Re: Divorce
    You have not told us whether or why your spouse is opposing bifurcation. Assuming the court has not ruled on the issue, you have not told us why you are concerned that bifurcation will be denied. You have not told us why it has been necessary for the court to have three hearings on the issue, or why the court was unable to resolve the issue at prior hearings.

    Should the necessity of a QDRO to complete a property settlement prevent a court from bifurcating a divorce and granting a divorce judgment, while leaving the final judgment on property issues to a later date? Not of itself; but we don't know the rest of the facts. Also, whatever else is occurring, the court has broad discretion to deny bifurcation, and the court may believe that the best way to get you and your spouse to resolve all issues at the earliest date and without trial is to deny bifurcation.
  • 09-26-2017, 11:48 AM
    SlaveToHer
    Re: Divorce
    Her attorney opposed because I had not done QDROs for my Pension and 401K. She also complained that I would not maintain health insurance for her. I argued that I would. I do not see that she has any basis for that complaint. He continued it to a hearing 5-weeks later for the lack of QDROs. I produced them before the next hearing. In both hearings her attorney said that I needed to hire someone to do them. I used the plan administrator's model QDROs so I do no see that being necessary. I told them that the plan administrator had approved the QDROs but he continued it two more months ordering me to get written approval for them. I have that now but am concerned that he will still find a way to delay of deny my motion to bifurcate. How can QDROs or pre-approval of QDROs be a legal basis for delaying or denying a motion to bifurcate? Or the false presumption that I would not keep her insured?
  • 09-26-2017, 11:53 AM
    Mr. Knowitall
    Re: Divorce
    The judge can refuse to bifurcate because the judge feels like denying your motion.

    Given the delays in getting the court to rule on the issue, perhaps you should change your focus to entering into a final settlement of your property issues (and any other issues) so that there is no longer a need to bifurcate.
  • 09-26-2017, 12:32 PM
    SlaveToHer
    Re: Divorce
    My wife is quite contentious and I expect settlement to take years. It has been over two years and only child custody is done. Her attorney is laughing all the way to the bank because I have to pay her.

    What if she declares bankruptcy. She is not signing joint tax returns potentially costing me thousands. She is financially irresponsible and does whatever she can to make it as costly to me as she can. Is dissolving the marriage now better than waiting for her to cause more damage?
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