FORM 1.10 Petition for Bifurcation

 

IN THE COURT OF COMMON PLEAS

OF __________________ COUNTY, PENNSYLVANIA

 

 

PLAINTIFF

 

vs No.

DEFENDANT

 

 

RULE

 

AND NOW, this __________________ day of __________________, 20 ______, upon consideration of

 

__________________'s Petition for Bifurcation, a Rule is hereby entered upon the respondent,

 

__________________, to show cause why the relief requested should not be granted. Rule Returnable

 

with hearing thereon the __________________ day of __________________, 20 ______, at

 

__________________. M., in Courtroom __________________, in the __________________ County

 

Courthouse, __________________, Pennsylvania.

 

 

BY THE COURT:

 

__________________

J.

 

 

[Caption]

DECREE AND ORDER

 

 

 

AND NOW, this __________________ day of __________________, 20 ______, after hearing on

 

Plaintiff's/Defendant's Petition for Bifurcation, it is hereby ORDERED and DECREED that:

 

1. The divorce action is bifurcated from the pending ancillary economic claims.

 

2. The Court retains jurisdiction of any pending economic claims raised by either party.

 

3. The parties are enjoined from encumbering, dissipating, selling, or otherwise alienating any and all

 

marital assets.

 

4. Plaintiff/Defendant shall maintain the existing level of support of $ ____________ as alimony pendente

 

lite.

 

5. Plaintiff/Defendant shall maintain all existing health, life or other insurance for Plaintiff/Defendant.

 

6. Plaintiff/Defendant shall maintain Plaintiff/Defendant as a beneficiary of any and all retirement benefits

 

of Plaintiff/Defendant.

 

7. The applicability of the Dead Man's Rule is waived.

 

 

 

BY THE COURT:

J.

 

 

 

 

PETITION FOR BIFURCATION

IN THE COURT OF COMMON PLEAS

OF __________________ COUNTY, PENNSYLVANIA

 

 

PLAINTIFF

 

vs No.

DEFENDANT

 

 

 

 

 

 

 

PETITION FOR BIFURCATION

 

 

Petitioner, by his/her attorney, respectfully requests that this Honorable Court grant the Petition for

 

Bifurcation, and in support thereof avers as follows:

 

1. Petitioner is __________________, the Plaintiff/Defendant in the above-captioned divorce action.

 

2. Respondent is __________________, the Plaintiff/Defendant in the above-captioned divorce action.

 

3. Petitioner and Respondent were married on __________________, at __________________. They

 

have __________________ children: __________________ (born __________________, 19 ______)

 

and __________________ (born __________________, 19 ______).

 

4. On __________________, Petitioner commenced a divorce action by filing a Complaint in Divorce as

 

of the above docket number seeking, inter alia, equitable distribution of marital property, alimony, counsel

 

fees, costs and expenses.

 

5. On __________________, Petitioner filed an Affidavit pursuant to Section 3301(d) [or (c)] of the

 

Divorce Code alleging, inter alia, that the parties separated on __________________, and have continued

 

to live separate and apart for at least two (2) years and that the marriage is irretrievably broken [or, in the

 

alternative, that both parties have filed Affidavits of Consent to the divorce]. Respondent did not file a

 

CounterAffidavit challenging Petitioner's allegations regarding the date of separation or the irretrievable

 

breakdown of the parties' marriage.

 

6. Petitioner has filed an Inventory as required by the Rules of Court.

 

7. Respondent has failed to file an Inventory notwithstanding frequent requests for him/her to do so.

 

8. Petitioner has filed a Pre-Trial Statement pursuant to the Rules of Court. Respondent has failed to file a

 

Pre-Trial Statement.

 

9. The parties have exchanged Answers to Interrogatories, and all other discovery has been completed.

 

10. The parties file separate tax returns.

 

11. Both parties are in good health and there is little likelihood of a shortened lifespan.

 

12. The parties have their own separate health insurance coverage [or, Petitioner agrees to maintain health

 

insurance for Respondent during the pendency of these proceedings].

 

13. Based upon the economic status of the parties, there is no likelihood that either will file for bankruptcy.

 

14. Neither party's property rights would be affected in any way by a bifurcation of the divorce from the

 

pending economic issues.

 

15. The parties have maintained an economic status quo during the separation that Petitioner has no

 

intention of disturbing.

 

16. Bifurcation would not disturb that economic status quo.

 

17. Petitioner has been living with __________________ for ____________ years. Petitioner loves

 

__________________ and it is their mutual intention to marry following the Petitioner's divorce.

 

18. Petitioner agrees to waive the Deadman's Rule.

 

19. Petitioner believes and avers that the advantages of bifurcation of this divorce action are substantially

 

greater than the disadvantages for the following reasons: (i) A speedy resolution of the divorce issue

 

would allow the parties to restructure their personal lives. (ii) Bifurcation will accelerate the dissolution of

 

the parties' marriage which has been acknowledged by both parties to be irretrievably broken. (iii)

 

Bifurcation will further the policy behind Pennsylvania's Divorce Code in making the legal dissolution of

 

marriage effective for dealing with the reality of matrimonial experience by taking into primary

 

consideration the welfare of the family rather than the vindication of private rights. 23 Pa. C.S.A. 3102(a).

 

(iv) Bifurcation of this divorce action will also separate the dissolution of the marriage from the distribution

 

of property so that the marriage and each party's personal life are not held hostage to economic demands.

 

(v) Bifurcation of the divorce action will in no way prejudice, diminish or impair Respondent's economic

 

claims under the Divorce Code.

 

 

 

WHEREFORE, Petitioner respectfully requests that this Court grant his/her Petition for Bifurcation,

 

reserving jurisdiction on the economic claims raised by the parties.

 

 

__________________

Attorney for Petitioner

[Verification]