Kelsey Grammer is now a single man and is free to marry his next trophy wife. Yesterday, Los Angeles Superior Court Judge Maren Nelson signed a Judgment granting Kelsey Grammer a status only divorce. Camille and Kelsey Grammer will resolve the reamining issues of their divorce, such as custody, support and property division, at a later date.
From an Orange County divorce lawyer perspective, many couples opt to bifurcate their marital status in hopes of remarrying immediately thereafter (like Kelsey) or simply because they do not want the emotional ties to their soon to be ex-spouse. It just gets one issue out of the way. However, there are a few caveats for the party requesting a bifurcation of marital status. For one, the requesting party must have exchanged his or her Preliminary Declaration of Disclosure with the other party. Additionally, the requesting party must agree to uphold several factors set forth in California Family Code Section 2337.
California Family Code Section 2337 states as follows:
2337. (a) In a proceeding for dissolution of marriage, the court,
upon noticed motion, may sever and grant an early and separate trial
on the issue of the dissolution of the status of the marriage apart
from other issues.
(b) A preliminary declaration of disclosure with a completed
schedule of assets and debts shall be served on the nonmoving party
with the noticed motion unless it has been served previously, or
unless the parties stipulate in writing to defer service of the
preliminary declaration of disclosure until a later time.
(c) The court may impose upon a party any of the following
conditions on granting a severance of the issue of the dissolution of
the status of the marriage, and in case of that party's death, an
order of any of the following conditions continues to be binding upon
that party's estate:
(1) The party shall indemnify and hold the other party harmless
from any taxes, reassessments, interest, and penalties payable by the
other party in connection with the division of the community estate
that would not have been payable if the parties were still married at
the time the division was made.
(2) Until judgment has been entered on all remaining issues and
has become final, the party shall maintain all existing health and
medical insurance coverage for the other party and any minor children
as named dependents, so long as the party is eligible to do so. If
at any time during this period the party is not eligible to maintain
that coverage, the party shall, at the party's sole expense, provide
and maintain health and medical insurance coverage that is comparable
to the existing health and medical insurance coverage to the extent
it is available. To the extent that coverage is not available, the
party shall be responsible to pay, and shall demonstrate to the court'
s satisfaction the ability to pay, for the health and medical care
for the other party and the minor children, to the extent that care
would have been covered by the existing insurance coverage but for
the dissolution of marital status, and shall otherwise indemnify and
hold the other party harmless from any adverse consequences resulting
from the loss or reduction of the existing coverage. For purposes of
this subdivision, "health and medical insurance coverage" includes
any coverage for which the parties are eligible under any group or
individual health or other medical plan, fund, policy, or program.
(3) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in a termination of the other party's right to a
probate homestead in the residence in which the other party resides
at the time the severance is granted.
(4) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the rights of the other party to a
probate family allowance as the surviving spouse of the party.
(5) Until judgment has been entered on all remaining issues and
has become final, the party shall indemnify and hold the other party
harmless from any adverse consequences to the other party if the
bifurcation results in the loss of the other party's rights with
respect to any retirement, survivor, or deferred compensation
benefits under any plan, fund, or arrangement, or to any elections or
options associated therewith, to the extent that the other party
would have been entitled to those benefits or elections as the spouse
or surviving spouse of the party.
(6) The party shall indemnify and hold the other party harmless
from any adverse consequences if the bifurcation results in the loss
of rights to social security benefits or elections to the extent the
other party would have been entitled to those benefits or elections
as the surviving spouse of the party.
(7) (A) The court may make an order pursuant to paragraph (3) of
subdivision (b) of Section 5600 of the Probate Code, if appropriate,
that a party maintain a beneficiary designation for a nonprobate
transfer, as described in Section 5000 of the Probate Code, for a
spouse or domestic partner for up to one-half of or, upon a showing
of good cause, for all of a nonprobate transfer asset until judgment
has been entered with respect to the community ownership of that
asset, and until the other party's interest therein has been
distributed to him or her.
Undoubtedly, Kelsey Grammer will have to uphold the provisions set forth in Family Code Section 2337.
If you are contemplating a divorce in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.
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