What is Bifurcated Divorce? A Comprehensive Legal Overview

Definition & Meaning

A bifurcated divorce is a legal process that allows a couple to end their marriage while postponing the resolution of other important issues, such as property division, alimony, child support, or custody arrangements. This type of divorce is often pursued when one spouse wishes to remarry before all aspects of the divorce are settled. It is also known as a divisible divorce.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A couple decides to file for a bifurcated divorce because one spouse wants to remarry quickly due to a new relationship. They agree to leave property division and alimony discussions for later.

Example 2: A spouse files for bifurcation to end the marriage while they continue to negotiate child custody arrangements. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Bifurcation Rules
California Allows bifurcation for marital status; other issues can be resolved later.
New York Bifurcation is permitted but often requires a compelling reason.
Texas Bifurcation is allowed; however, courts may prefer to resolve all issues at once.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Bifurcated Divorce Divorce where marital status is ended, but other issues are unresolved. Focuses on separating marital status from other divorce issues.
Contested Divorce A divorce where spouses cannot agree on one or more issues. All issues are addressed simultaneously, often leading to court intervention.
Uncontested Divorce A divorce where both parties agree on all terms. All matters are resolved together, making the process quicker.

What to do if this term applies to you

If you are considering a bifurcated divorce, start by consulting with a family law attorney to understand the implications and process in your state. You may also explore US Legal Forms for templates that can help you initiate the divorce process. If your situation is complex, professional legal assistance is recommended to navigate the unresolved issues effectively.

Quick facts

  • Typical cost: Varies by state and complexity of issues.
  • Jurisdiction: Family courts handle bifurcated divorces.
  • Possible outcomes: Final divorce decree with pending issues to be resolved later.

Key takeaways

Frequently asked questions

A bifurcated divorce is a legal process that separates the termination of marriage from other unresolved issues like property division and custody.