In Re Marriage of Fink

The husband commenced this proceeding on January 10, 1972, with a petition for dissolution of his 31-year marriage. Husband moved for a separate and early trial of the dissolution issue, stating that reconciliation was not possible, that the dissolution hearing would be brief, and that the other issues (ascertainment and division of community property, spousal support and attorney fees) would require a long trial preceded by extensive discovery. On March 12, 1974, the trial court granted husband’s motion to bifurcate, and, after a hearing on March 21, 1974, granted an interlocutory judgment of dissolution, in which the court expressly reserved jurisdiction as to all other issues. That interlocutory judgment was entered on April 9, 1974, no trial having yet been held on the other issues. Wife has appealed the order of the trial court allowing bifurcation, and the interlocutory judgment entered April 9, 1974.

Wife does not now challenge the finding of the trial court that the marriage had broken down by reason of irreconcilable differences between the parties. The purpose of her appeal is to test the validity and effect of the interlocutory judgment.

The critical issues…