Gionis v. Superior Court - 202 Cal. App. 3d 786, 248 Cal. Rptr. 741 (1988)

Rule:

Consistent with the legislative policy favoring no fault dissolution of marriage, only slight evidence is necessary to obtain bifurcation and resolution of marital status.

Facts:

Petitioner husband and real party in interest spouse were married for slightly more than one year before filing for marital dissolution. Petitioner moved the trial court to bifurcate the issue of marital status from the issues of custody, support and property division. Petitioner's declaration therefore stated that the marriage irrevocably failed, that reconciliation was impossible, and that trial of the dissolution would be brief while the remaining issues required discovery and a lengthier trial. The trial court denied petitioner's request on the ground that no compelling reason was stated to bifurcate. Petitioner challenged the decision. 

Issue:

Should the trial court have granted petitioner’s motion to bifurcate?

Answer:

Yes.

Conclusion:

On appeal, the court reversed, holding that petitioner's declaration contained sufficient reasons supporting his motion to bifurcate and that the trial court abused its discretion by refusing to grant it. The court noted that with a strong legislative policy favoring no fault dissolution, only slight evidence was necessary to obtain bifurcation and resolution of marital status.