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How to ask for a separate trial to end your marriage sooner

In a divorce, it is possible to ask the court to end your marriage first and allow the remaining issues in your divorce, like child custody and property division, to be decided later. This is an example of bifurcation. Bifurcation means splitting up the legal issues in your case so that some can be decided separately.

 

This page explains how to bifurcate the issue of the status of your marriage from the other issues in your case. Bifurcating the status of your marriage is a way to become legally single before you finish a divorce. There are other issues you can bifurcate using the same forms.

Bifurcating the status of your marriage

To finish a divorce and become legally single, you need to resolve all the issues in your case, like dividing property and debt or child custody. If you want to become legally single before everything is decided, you can ask the court to make a separate decision on your marital status while you work on finishing up the rest of your case. You will need to explain why separating this issue will make the rest of the divorce simpler to finish.

Even if you bifurcate the status, the earliest you can become single is after the 6-month waiting period.

The earliest a couple can divorce is 6 months from the day the other spouse was served divorce papers or responded to them in court. This is a waiting period. Even if you bifurcate the status of your marriage, the judge cannot legally end your marriage until the waiting period is over.

You may be required to agree to certain conditions before the judge will grant a bifurcation. For example, if you cover your spouse’s health insurance, one condition may be that you continue to do so until the rest of the divorce is complete.  Talk to a lawyer if you have any questions about these conditions.

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You still need to finish up the rest of your case even if you become single.

How to ask for a separate trial

  • Complete your preliminary financial disclosures

    To ask for a bifurcation of the status of your marriage, you must have either already served your preliminary declaration of disclosures or have them served with your request for the bifurcation. The only exception is if you and your spouse have a signed written agreement that says you can complete them at a later date.

    How to complete your disclosures

  • Fill out court forms

    Fill out: 

    • Request for Order (form FL-300). For a separate trial, use item 8 on page 4 to write your request and “Facts to Support” (item 10 on page 4). 
    • Request or Response to Request for Separate Trial (form FL-315) and check the boxes for the issues you want the judge to decide in a separate trial. Attach to form FL-300.

  • Make copies of your forms

    After you’ve filled out, signed, and dated your forms, make 2 copies of the forms.  

  • File your forms

    To file your forms with the court:

    • Give the original and the 2 copies to the court clerk 
    • Pay a $60 fee (unless you have a fee waiver)

    There may be other fees. For example, if you’re also asking to change child custody or visitation. If this is the first paper you've filed in your case, the fee may be more. 

    The clerk will:

    • Stamp the forms
    • Write a hearing date on the Request for Order form
    • Keep the original form and return the copies to you

    A judge will make a decision about your request at the hearing. 

    Yes, you can file by mail. Mail your original and 2 copies to the clerk. You need to include the filing fee, unless you have a fee waiver, and a self-addressed stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed, stamped envelope you will have to go to the courthouse to pick up your copies.  

    Some courts allow online filing (called e-file). You can find out if your court has online filing by visiting your court’s website.  

What's next?

Once you filed your forms and gotten a court date, you need to have a copy served on your spouse. 

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