Last Updated: May 2026
What Is a Status Only Judgment in California?
A California Family Law Attorney’s Guide to Ending Your Marriage While Issues Remain Pending
The Direct Answer
A status only judgment in California is a court order that terminates the marital relationship and restores both parties to single status while explicitly reserving the court’s jurisdiction to resolve property division, spousal support, child support, and custody at a later date. Unlike a bifurcated divorce, which is typically requested by one party over the other’s objection, a status only judgment is usually entered by agreement of both spouses. The parties stipulate that the marriage is irretrievably broken and request the court to dissolve the marital status while continuing to hear the remaining issues. This allows both parties to remarry, file taxes as single, and move forward personally while the financial and custodial aspects of the divorce are still being negotiated or litigated.
Why Parties Choose a Status Only Judgment
Some California divorces are simple. The parties agree on everything, the property is minimal, and the case resolves in a few months. Other divorces are complex. The parties have significant assets, disputed business valuations, contested custody arrangements, or ongoing discovery disputes that take a year or more to resolve. In these cases, both parties may want to end the marriage itself without waiting for every issue to be settled.
A status only judgment provides that path. Both parties sign a stipulation agreeing that the marriage is over and requesting the court to enter a judgment dissolving the marital status. The court enters the judgment and reserves jurisdiction over the remaining issues. The parties are single. They can remarry. They can file taxes as single or head of household. They can move on with their personal lives while their attorneys continue working on the financial and custodial disputes.
This procedure is particularly common in high-asset Los Angeles and Santa Monica divorces where property division requires business valuations, real estate appraisals, and forensic accounting that take months to complete. It is also common in custody cases where a custody evaluation or 730 evaluation is pending and the parties do not want to remain married while waiting for the evaluation report.
At Hayat Family Law, we discuss status only judgments with clients in complex cases where the marriage has effectively ended but the financial issues require extended litigation. We draft stipulations that protect both parties’ interests, negotiate the conditions that accompany the status judgment, and ensure that the reservation of jurisdiction is clear and enforceable.
STATUS ONLY JUDGMENT SNAPSHOT
Statute: Family Code Section 2337
Entered By: Stipulation of both parties (typically)
Effect: Marriage ends; property/support/custody reserved
Distinction: By agreement, unlike bifurcation which is by motion
Common Use: Complex cases needing extended discovery or valuation
Based on California Family Code Section 2337
Status Only Judgment vs. Bifurcation
Status only judgments and bifurcated divorces achieve the same result, ending the marital status before all issues are resolved. However, they differ in procedure, conditions, and practical application.
A status only judgment is entered by stipulation. Both parties agree to it. The court reviews the stipulation, confirms that both parties understand the consequences, and enters the judgment. Because both parties consent, the court typically imposes fewer conditions than in a contested bifurcation motion. The parties can negotiate the terms themselves and present them to the court for approval.
Bifurcation is entered by motion. One party requests it, and the other party may oppose it. The court evaluates whether good cause exists and imposes conditions to protect the non-requesting party. The process is more adversarial, and the conditions are typically more extensive.
In practice, status only judgments are smoother and less expensive than bifurcation because they avoid motion practice and contested hearings. If both parties are willing to stipulate, a status only judgment is almost always the better option. If one party refuses to stipulate, bifurcation remains available as an alternative.
What Goes Into the Stipulation
A status only judgment stipulation is a written agreement signed by both parties and their attorneys. It states that the marriage is irretrievably broken, requests the court to dissolve the marital status, and reserves jurisdiction over all remaining issues.
The stipulation typically includes conditions that both parties agree to maintain until the final judgment is entered. Common conditions include maintaining health insurance for the other party, preserving the status quo regarding property, refraining from selling major assets, and continuing to pay community debts. The parties can customize these conditions to fit their specific circumstances.
The stipulation also addresses attorney fees. In some cases, the parties agree that each party will pay their own attorney fees for the status judgment portion of the case. In other cases, one party agrees to contribute to the other party’s fees as part of the overall settlement negotiation. The court reviews the fee arrangement to ensure it is not unconscionable.
Reservation of Jurisdiction: What It Means
The reservation of jurisdiction is the critical language in a status only judgment. It explicitly states that the court retains authority to hear and decide all remaining issues, including property division, spousal support, child support, and custody. Without this reservation, the court might lose jurisdiction over some issues once the marital status is terminated.
The reservation must be specific. A general statement that “the court reserves jurisdiction over all remaining issues” is usually sufficient, but some attorneys prefer to list the specific issues explicitly. This prevents disputes later about whether a particular issue was reserved or inadvertently dismissed.
The reservation also preserves the parties’ rights to seek temporary orders while the remaining issues are pending. Either party can file motions for temporary child support, temporary spousal support, or temporary custody orders after the status judgment is entered. The court’s authority to issue these orders is unaffected by the dissolution of the marital status.
Tax Filing Status After a Status Only Judgment
A status only judgment affects tax filing status in the same way as a bifurcated divorce. The tax year in which the judgment is entered determines whether the parties file as married or single. If the status judgment is entered on December 31, the parties file as single for that entire tax year. If it is entered on January 2, they file as married for the prior year.
The stipulation can address tax issues directly. The parties can agree on how they will file taxes for the year of the status judgment and whether one party will indemnify the other for any adverse tax consequences. These agreements are enforceable as part of the stipulation and can prevent tax disputes from arising later.
Some parties choose to delay the entry of the status judgment until January to preserve married filing status for the prior tax year. This is a strategic decision that should be discussed with a tax professional. The savings from married filing jointly may outweigh the benefit of becoming single a few weeks earlier.
Remarriage After a Status Only Judgment
Once the status only judgment is entered, both parties are legally single and free to remarry. This is one of the primary reasons parties seek status judgments. A party who has met a new partner and wants to marry cannot do so while legally married to someone else, regardless of how long the parties have been separated.
Remarriage after a status only judgment does not affect the court’s jurisdiction over the remaining issues. The new spouse has no interest in the property disputes between the former spouses, and the court’s authority to divide the marital estate is unaffected. However, remarriage does terminate the right to spousal support in most cases, which may affect the supported spouse’s negotiating position on the remaining financial issues.
Parties should be aware that a status only judgment does not resolve property rights. If one party remarries and then dies before the property division is finalized, the new spouse may have inheritance rights that complicate the division of the former marital estate. This risk is small but real, and parties with significant assets should consider it when deciding whether to seek a status judgment or wait for a complete resolution.
Frequently Asked Questions
Quick Answers on Status Only Judgments
Q1: What is the difference between a status only judgment and bifurcation?
A status only judgment is typically entered by stipulation of both parties. Bifurcation is requested by one party through a motion that the other party may oppose. Status only judgments are smoother and less adversarial because both parties consent.
Q2: Can I remarry after a status only judgment?
Yes. Once the status only judgment is entered, you are legally single and free to remarry. The remaining property and custody issues do not affect your marital status. However, remarriage typically terminates your right to spousal support.
Q3: Does a status only judgment divide our property?
No. A status only judgment dissolves the marital status only. Property division, support, and custody remain pending and must be resolved through settlement or trial. The court reserves jurisdiction over these issues in the judgment.
Q4: What conditions does the court impose on a status only judgment?
Because status only judgments are entered by stipulation, the conditions are typically negotiated by the parties rather than imposed by the court. Common conditions include maintaining health insurance, preserving property, and continuing to pay community debts. The court reviews the stipulation to ensure the conditions are fair.
Q5: Can I get temporary support after a status only judgment?
Yes. The reservation of jurisdiction preserves the court’s authority to issue temporary child support, temporary spousal support, and temporary custody orders after the marital status is dissolved. Either party can file motions for these orders at any time while the remaining issues are pending.
Q6: How long can the remaining issues stay pending after a status judgment?
There is no fixed time limit, but courts prefer to resolve cases efficiently. If the remaining issues are not resolved within a reasonable time, the court may set the case for trial or require the parties to attend mediation. Extended delays can result in the court dismissing the remaining issues for lack of prosecution, though this is rare.
Q7: Does a status only judgment affect my credit?
The status judgment itself does not appear on your credit report. However, if community debts remain unpaid during the pending period, creditors may report delinquencies that affect both parties’ credit. The stipulation should address who is responsible for paying community debts until the final judgment divides them.
Q8: Can we enter a status only judgment without attorneys?
Technically yes, but it is not advisable. The stipulation must include a clear reservation of jurisdiction, appropriate conditions, and language that protects both parties’ interests. An attorney ensures the stipulation is enforceable and that neither party inadvertently waives rights they did not intend to give up.
Q9: What happens to the reservation of jurisdiction if one party dies?
If one party dies before the remaining issues are resolved, the reservation of jurisdiction may be affected. The surviving party may need to continue the case against the deceased party’s estate. This is a complex area that requires immediate legal attention. Parties with significant assets should consider life insurance or other protections.
Q10: Is a status only judgment reversible?
A status only judgment that dissolves the marital status is final and generally not reversible. The parties cannot “undo” the dissolution and restore the marriage without remarrying. The remaining issues can still be resolved, but the marital status itself is permanently terminated.
When a Status Only Judgment Makes Sense for Your Case
A status only judgment is not appropriate for every divorce. It makes sense when both parties agree the marriage is over, when complex issues require extended time to resolve, and when at least one party has a compelling reason to end the marital status before everything is settled.
It makes sense in high-asset cases where business valuations, real estate appraisals, or forensic accounting will take months. It makes sense in custody cases where a 730 evaluation is pending and the parties want to establish separate households while waiting for the report. It makes sense when one or both parties want to remarry and cannot wait for the full divorce to conclude.
It does not make sense when the parties are close to settling all issues and can finalize the divorce within a few months. It does not make sense when one party is using the status judgment to gain a tactical advantage in the remaining litigation. It does not make sense when the parties have not thought through the conditions and tax implications.
At Hayat Family Law, we evaluate status only judgments as part of our overall case strategy. We identify whether a status judgment serves our client’s interests, draft stipulations that protect their rights, and negotiate conditions that are fair and enforceable. Whether you are the party seeking the status judgment or the party being asked to stipulate, we will ensure that your interests are protected.
Key Takeaways
What California Spouses Need to Remember About Status Only Judgments
✓ Status Only Judgments End the Marriage: Under Family Code Section 2337, the marital status is dissolved while property, support, and custody remain pending.✓ They Are Typically Entered by Stipulation: Both parties agree to the status judgment, making the process smoother than contested bifurcation.
✓ Reservation of Jurisdiction Is Essential: The judgment must explicitly reserve the court’s authority over all remaining issues. Ambiguous language creates jurisdictional disputes.
✓ Conditions Are Negotiated: Common conditions include health insurance maintenance, property preservation, and debt payment. The parties set these terms by agreement.
✓ Tax and Remarriage Implications Apply: The tax year of the judgment determines filing status. Remarriage is permitted but typically terminates spousal support rights.
✗ Common Mistakes: Entering a status judgment without clear jurisdictional reservation, failing to address debt payments during the pending period, ignoring tax implications, or not considering the effect of remarriage on support.
Considering a Status Only Judgment in Your California Divorce?
Our Los Angeles family law attorneys draft status only stipulations, negotiate conditions, and protect your interests while remaining issues are resolved. Flat fee consultations available.
Evening and weekend appointments available. Both Santa Monica and Sherman Oaks locations.
Contact Hayat Family Law
Santa Monica Office
100 Wilshire Boulevard, Suite 700-D
Santa Monica, CA 90401
Phone: 310-917-1044
Sherman Oaks Office
15303 Ventura Blvd, 9th Floor
Sherman Oaks, CA 91403
Phone: 818-380-3039
Hours: Monday – Friday, 9:00 AM to 6:00 PM
Areas Served: Los Angeles County, Orange County, Ventura County, San Diego County, and military installations statewide including Camp Pendleton, Naval Base San Diego, Travis AFB, and Fort Irwin.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Status only judgments involve strategic decisions that affect property, tax, and support outcomes. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.
Sources:
