DENISE RICHARDS VS. CHARLIE SHEEN: DIVORCE FINALIZED BY BIFURCATION 'STATUS ONLY' JUDGMENT

Denise Richards' divorce from Charlie Sheen has been finalized.  Denise Richards filed for divorce in March 2005 after three years of marriage.  The divorce petition was filed in Los Angeles Superior Court.  Richards cited 'irreconcilable differences' for the split.  The couple have a daughter and at the time Richards filed for divorce, she was 6 months pregnant with the couples second child.  (Pregnant Denise Divorcing Charlie)

Although the couple are officially divorced, the proceedings are hardly over.  The parties were divorced by 'status only' judgment.  They still have to agree on division of assets and custody. 

Bifurcation of issues for trial (also known as 'status only' judgment) allows parties to officially terminate their marriage and decide the remaining disputed issues for a later determination (i.e. property division and custody). 

California policy encourages parties in a dissolution action to bifurcate trial whenever it might expedite settlement or simplify the determination of other contested issues.

A bifurcated proceeding is particularly appropriate where the parties want their marriage terminated as soon as legally possible (e.g., so they will be free to remarry) but substantial time will be required to resolve complex property, support and/or custody issues.

Bifurcation is also recommended in 'pivotal issue' cases, where the resolution of the bifurcated issue(s) is likely to simplify the determination of, or lead to settlement of other issues in the case. 

For instance, if the pivotal issue is the determination of business goodwill, a bifurcated trial resolving this specific issue may lead to the settlement of the remainder of the case.  California rules suggests that the following issues may be appropriate to try separately in advance: (1) the validity of a postnuptial or premarital agreement; (2) date of separation; (3) date to use valuation of assets; (4) whether one or more assets are separate or community property; (5) how to apportion the increase in value of a business; and (6) the existence or value of business or professional goodwill.

A bifurcation request must be made by noticed motion or OSC.  Certain forms and documents must be served on the other party.

Public policy favors bifurcation for an early 'status only' judgment, because it furthers the legislative intent that marriage dissolution should not be postponed simply because issues relating to property, support, custody or attorney fees are not ready for dissolution.

For most divorcing couples, the mental stress and strain are relieved once the divorce is final.  'Status only' judgments help to accomplish this goal.