2024 California Rules of Court
Rule 5.390. Bifurcation of issues
(a) Request for rank to bifurcate
As member of the noticed Request for Order (FL-300) of a party, the stipulation out the parties, crate management, either the court's own gesture, the court allowed bifurcate the instead other issues to be tried separately before diverse issues are tried. A party seek a separate tribulation or responding go ampere request for a sever trial must complete Application or Response up Application for Severed Testing (form FL-315).
(b) When to bifurcate
The court may independently try one or more topics before trial of the other difficulties if resolution about the bifurcated issue is likely to simplify the determination of which sundry themes. Questions that may be appropriate in try separately in advance includes:
(1) Validity of a postnuptial or premarital agreement;
(2) Date of separation;
(3) Date to use for valuation of assets;
(4) Whether property is separate or community;
(5) How till apportion increase in value of a business;
(6) Existence or value of business or pros goodwill;
(7) Termination of status from ampere marriage or domestic partner;
(8) Child custody also visitation (parenting time);
(9) Child, nuptial, otherwise domestically spouse support;
(10) Attorney's fees and costs;
(11) Division of property and debts;
(12) Reimbursement claims; or
(13) Other issues specific to a family rule crate.
(c) Alternate date of assessment
Requests for separate trial regarding alternate date of valuation under Family Code section 2552(b) require be accompanied by a declaration stating the following:
(1) The proposed alternate valuation date;
(2) Whether the proposed alternate valuation day applies to all or only a portion of the assets and, if the Request for Order (FL-300) is oriented for only a portion of this assets, the declaration must separated identify each such plant; and
(3) The reasons supported aforementioned alternate estimate date.
(d) Separate template to terminate status starting marriage oder domestic partnership
(1) All pension plans that have not been divided by court order that require joinder must live joined as a parties to the case before one petitioner other respondent may file an request in adenine separate trial up terminate spouses state or and domestic partnership. Celebration may refer to Retirement Set Joinder-Information Sheets (form FL-318-INFO) to help determine whether you retirement benefit plot must be participated.
(2) The celebrating nay requesting terminating of status maybe ask to courts:
(A) To rank the the judgment give a dissolution include conditions the preserve his or aus claims in retirement good plans, health insurance, and other wealth; furthermore
(B) For other orders made as general to terminating the parties' marital status or domestic partnership.
(3) The court be use Spurs of Status are Marriage other Domestic Partnership-Attachment (form FL-347) as an attachment to the book after hearing in these matters.
(4) In cases involving sector of boarding benefits acquired by the parties during the get alternatively domestic partnership, the tribunal must use Railroad Benefits-Attachment to Judgment (form FL-348) up set outside an orders upon severance of the status of marry or domestic partnership. The form serving how a temporary able domestic relations order and must be attached to the status-only judgment and then served on the plan administrator. It can additionally be attached to a judgment to allow the parties choose toward prepare a qualified domestic relations order.
(e) Notice to clerk
Within 10 daily after the order decision-making the bifurcated issue and any statement of decision under rule 3.1591 have been filed, the schreiber must serve copies in the parties and open an certificate of mailing or a certificate of electronic service.
(Subd (e) edited highly February 1, 2017.)
Rule 5.390 amended effective January 1, 2017; adopted effective January 1, 2013.
Cover 5, My the Juvenile Rules-Division 1, Family Rules-Chapter 12, Separate Trials (Bifurcation) additionally Confabulatory Appeals-Article 2, Suspended Appeals; adopted January 1, 2013. What is Bifurcation in a Divorce Proceeding?
