"I just want to be done with it," is often the
first thing I will hear from prospective and current divorce clients.
Typically, they want to know how soon they can get divorced. Maybe they
feel that something magical will happen when they utter those anticipated
words, "I am single again." Perhaps they have a partner whom they
have promised to marry as soon as they legally can, or maybe they are seeking
rapid closure—perhaps to buy a home, move out of state or change careers. All
of the reasons stated above have their own merits, but it is equally important
that the eager to be single person consider what the court will require to give
you your early divorce. By “early divorce” I am referring to a divorce in
advance of the parties resolving all remaining issues in their divorce.
By way of background information, typically the earliest one
can even be eligible to be divorced is six months after the other
side, the party served with the divorce papers, has acknowledged
service of process (assuming they have timely done so and are not in default or
subject to a potential default judgment). The problem is that some people
believe that once they are legally divorced that they do not have any obligations
to their ex-spouse, other than the child and/or spousal support obligations.
This is not necessarily true. There are many things that the court will require
you to maintain in place if you are the party seeking the early bifurcation (that
is, divorce and restoration of single status), particularly if you are the
bread winner or higher wage earner.
One common issue arises with regard to maintaining medical
insurance for your spouse, who without your coverage, would be left with no
medical insurance. The issue arises because once you are divorced and
single status restored, most medical insurance plans, that is, the typical
group health care plan, will not allow you to continue to cover someone to whom
you are not legally married. So the early divorce seeker will be
required to do something about this problem. Moreover, your soon to be
ex-spouse will not be too eager to agree to an early bifurcation of
marriage because of the insurance issue (or various other reasons for that
matter), which puts you in the position of having to bring a Motion for
Bifurcation of Marriage hearing, where each side makes his and her case.
Experienced practitioners opposing you will want some sort
of assurance that their client will continue to be covered for medical
insurance to give you your bifurcation. They may want you to provide a
private plan (which is expensive) or finance COBRA (which allows your soon to
be ex-spouse to stay on your group health care plan for a limited period of
time while he or she explores private insurance). Generally speaking, both
options are more expensive than simply allowing your ex-spouse to remain on the
policy of group health care. Family Code Section 2337 requires that
the insurance issue be addressed and maintained as a precondition for
bifurcation.
There are a host of other concerns and ramifications to
seeking an early divorce. While none of them alone should dissuade someone
motivated from getting an early divorce from so doing, the issues are
certainly something that you should discuss with your attorney so that you can
make an informed decision. Your lawyer will know that you just want to be done
with it, but there are always degrees of done, and unlike a good steak, in this
instance it is better to be, pardon the expression, “well done.”
If you have questions about seeking an early divorce, or the consequences of doing so, contact the Law Offices of Dabbah & Haddad, APC.
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