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What is a bifurcated divorce, and when is it used?

On Behalf of | Oct 28, 2024 | Divorce

Divorce can be complicated, especially when spouses disagree on key issues. In some cases, a bifurcated divorce might be an option. This allows spouses to legally end their marriage while resolving other matters separately.

Understanding bifurcated divorce

A bifurcated divorce means splitting the divorce process into two parts. First, the court grants the divorce itself, legally ending the marriage. Then, the spouses address remaining issues like property division, child custody, or spousal support. This approach can speed up the process for couples who need to move on, even if other issues are still unresolved.

When is bifurcation used?

Bifurcation is often used when one spouse wants to remarry or needs closure before settling complex issues. It’s also helpful when the divorce process becomes drawn out due to disagreements. By separating the dissolution of the marriage from other concerns, bifurcated divorces provide a way to finalize the marital status without waiting for everything else to be resolved.

Pros and cons of a bifurcated divorce

A bifurcated divorce has advantages and disadvantages. It allows spouses to gain closure sooner, which can be emotionally beneficial. It can also help speed up financial or social changes, such as buying a house or moving for a job. However, bifurcation can also lead to more legal expenses, as spouses must continue with separate proceedings for unresolved matters. Additionally, dividing the process may lead to complexities, especially regarding financial settlements.

Should you consider a bifurcated divorce?

Not every state allows bifurcated divorces, and it’s not necessarily a good choice for every couple. It’s important to consult an experienced divorce attorney to determine if bifurcation makes sense based on your specific circumstances. Understanding the pros and cons can help in deciding whether this option aligns with your needs during the divorce process.

Making informed decisions during a divorce is crucial. Whether bifurcation is right for you depends on your unique situation and priorities. Consulting a knowledgeable attorney can provide the guidance needed to navigate this challenging time with confidence.

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