Gionis

Thomas A. Gionis seeks a writ of mandate compelling the superior court to vacate its order denying his motion to bifurcate the issue of his marital status from all other issues. He claims the trial court abused its discretion by denying his motion as untimely. We agree with petitioner and issue the writ.

Aissa and Thomas Gionis were married on February 14, 1986. In June 1987 Aissa filed a petition for legal separation and a separate petition for dissolution of marriage. Both petitions requested sole custody of the parties’ infant daughter as well as child and spousal support.

Thomas responded and filed a motion to change venue. The declarations supporting and opposing the motion revealed deep bitterness between the parties over the issue of child custody. The parties then stipulated to proceed with the petition for dissolution of marriage, and agreed that the court acquired jurisdiction over both parties for that purpose in June 1987.

On January 29, 1988, Thomas moved to bifurcate the issue of marital status from the issues of custody, support and property division. His declaration stated the marriage had irrevocably failed, reconciliation was not possible and although…