Q: If filed for divorce, been separated for 8 years and financials will take time, can one party refuse bifurcation?

A: In a divorce, bifurcation allows the parties to legally end their marriage while other details, such as financials, are still being worked out. If one party wants to push for bifurcation, usually because they wish to remarry or for other personal reasons, they can file a motion with the court to do so. This is especially common when the divorce proceedings have extended over a long period, such as in your case of eight years.

However, the other party, the respondent, does have the right to contest the bifurcation. They might argue that it would be prejudicial to them or that it's not in the best interest of justice. For instance, they may believe that finalizing the divorce could affect financial negotiations or impact health insurance coverage. The court considers these factors and others, such as the well-being of any children involved and how far along the other aspects of the divorce are, before deciding on the bifurcation.

Ultimately, the decision rests with the court. If you are facing this situation, it might be wise to discuss your specific circumstances with a legal professional who can provide guidance based on the laws of your jurisdiction. They can help you understand your rights and the best course of action in your divorce proceedings.

A: Motions of any kind can be opposed. It's very difficult however, and rare that an opposing party can come up with a valid justification for opposing a motion to bifurcate. CA is a no fault state. If someone wants a divorce they can have one.