If you are considering divorce, one of the things you will need to decide is whether to bifurcate the divorce. You should know the divorce bifurcation pros and cons in this situation.
Here I will explore the 7 practical pros and cons of divorce bifurcation so that you can make an informed decision about what is best for you and your family.
What does the bifurcation of marriage mean?
In the simplest sense, the bifurcation of marriage means that the legal aspects of a marriage are separated from the personal aspects. This can be useful when couples want to dissolve their marriage but do not want to go through the lengthy and emotionally charged divorce process.
Bifurcation of marriage, also known as divorce from bed and board, is a divorce in which the court orders the divorced couple to live apart but does not legally end the marriage.
This arrangement lets the couple live apart and enjoy the benefits of not being married, even though they are still technically married. For example, they can get remarried in the future and keep some of the benefits of being married.
Some states only let you split up your marriage, while others usually won’t let you split up your divorce. These states are California, Alaska, and Kansas for approval, whereas Arizona, New York, Texas, Michigan, and Nebraska are against it.
To obtain a bifurcation of marriage, one spouse must file a motion to bifurcate divorce with the court and show that there are grounds for divorce. If the court agrees to the bifurcation, it will issue a bifurcated divorce decree. The couple will be told to live apart and will no longer be considered married by the law.
7 Practical Divorce Bifurcation Pros and Cons
You know what divorce bifurcation is, but do you know the divorce bifurcation pros and cons? Before you proceed, you must know them and consider them.
Pros of Divorce Bifurcation
“What are the benefits of a bifurcated divorce?” here they are discussed below-
#1. It frees you from the marriage:
The first divorce bifurcation pro is that it legally ends your marriage. You are no longer married, which means you can remarry if you choose to do so in the future. This can be a huge relief for couples who have been unhappy in their marriage for a long time and want to move on with their lives.
I know a person whose wife left him but didn’t divorce. The relationship between them was just like a hang. Instead of hanging out this way, they could bifurcate their divorce easily.
#2. Get time for property classification and division:
As these matters will be decided later, you will get enough time to decide on your property and assets without any pressure. This process can be lengthy and complicated, so having some extra time to do it can be beneficial.
It can also help avoid conflict between spouses over who gets what. Also, if you and your spouse own any property together, splitting up the divorce can help protect your own interests.
#3. Single tax status:
If you are officially divorced, you can file your taxes as a single person. This can have a big effect on your taxes and finances.
If you are the breadwinner in the family, this can be a huge divorce bifurcation pro, as it will allow you to keep more of your income. Because single bank account holders often get better interest rates than married couples.
It can also help if you are trying to get government benefits or assistance, as being married can sometimes make you ineligible.
Cons of Divorce Bifurcation
“What are the disadvantages of bifurcated divorce?” Here are they-
#1. You will lose the benefits of filing a joint income tax return:
If you divorce before the end of the tax year, you will not be able to file a joint income tax return. This means you will likely have to pay more in taxes as a single person.
This can be a big problem, especially if you have to pay a lot in taxes. Speak with a tax advisor to see how bifurcating your divorce will impact your taxes.
#2. You will lose any health insurance benefits:
If your spouse’s health insurance currently covers you, you will lose that coverage if you divorce. This can be a major disadvantage, especially if you have pre-existing health conditions.
Make sure you have another form of health insurance lined up before divorce. You may be eligible for COBRA benefits, but those can be expensive.
#3. More expensive:
Bifurcating your divorce can be more expensive than getting a traditional divorce. This is because you will have to pay for two sets of divorce lawyers and file two sets of divorce papers.
If you are on a tight budget, this may not be your best option. Speak with a divorce lawyer to see if bifurcating your divorce is the right choice for you.
#4. Delays are still possible:
Although taking the initial steps to bifurcate your divorce may help speed up the process, there is still a chance that it could be delayed. This is because the court may not grant the divorce right away if one party does not agree to the terms.
Thus, bifurcation isn’t always a quick or hassle-free solution for those looking to divorce.
Should I bifurcate my divorce?
Now that you know some of the pros and cons of divorce bifurcation, you may be wondering if it is the right choice for you. Well, it depends on your condition. You will need to weigh the pros and cons to decide if divorce bifurcation is right for you.
For example, divorce bifurcation can be a good option if you want to remarry quickly. Or, if you are the breadwinner in the family and want to keep more of your income, divorce bifurcation can help with that.
On the other hand, if you cannot afford the extra cost or you want to file a joint income tax return, divorce bifurcation may not be suitable for you. After you speak with a divorce lawyer, you’ll be able to tell if bifurcation is the right choice for you and your unique circumstances.
What is a bifurcated deviorce? This video might help you to know more about divorce bifurcation:
FAQs on Divorce Bifurcation Pros and Cons
How do I get a bifurcation divorce?
With a bifurcation divorce, the marriage is legally over before all of the issues in the divorce have been settled. This type of divorce is typically used when couples want to move on with their lives but cannot agree on terms such as property division, child custody, or spousal support.
To get a bifurcation divorce, one spouse must file a petition with the court claiming that there are reasons for an immediate divorce.
After the petition is filed, the court will have a hearing to decide if the divorce should go through. If they decide in favour of the divorce, the couple will be legally separated and able to sort out any remaining issues with help from mediation or negotiation.
However, if the couple cannot agree, they will be forced to go to trial, where a judge will make the final decision.
Is there a statute of limitations on divorce settlements in California?
In California, there is no statute of limitations on divorce settlements. This means you can negotiate a settlement anytime after the divorce is final.
However, you may want to wait until all of the assets have been divided and the issue of child custody has been resolved before beginning negotiations.
Once you have settled, have the agreement approved by a judge to make it legally binding. If you attempt to negotiate a settlement after the divorce is final, your ex-spouse may be less likely to agree to favorable terms. Therefore, it is essential to consult with an attorney before beginning any negotiations.
What is a request for bifurcation?
A request for bifurcation is a legal term that refers to the splitting of a single issue in a case into two separate issues. This is typically done when there is a need to speed up the trial process or when one problem is more pressing than the others.
For example, if a defendant faces both criminal and civil charges, the court may bifurcate the proceedings so that the criminal case can be tried first.
You can also use bifurcation to avoid retrying a whole case if only one issue is in dispute. Before making a decision, the court will examine whether bifurcation would be fair for everyone involved.
In general, a bifurcation is a tool that courts can use to manage complex cases and ensure that justice is served.
Can I get married while my divorce is in the process?
Getting a divorce can be long and complicated, and it is not uncommon for people to want to move on with their lives before the divorce is finalized.
While it is technically possible to get married while a divorce is in progress, there are a few things to consider before taking this step.
First, it is essential to check with the court handling the divorce to see if there are any restrictions in place. In some jurisdictions, getting remarried before the divorce is finalised can result in delays or complications.
Additionally, it is crucial to understand that remarrying will not automatically cancel the divorce proceedings. The divorce will still need to be finalised, even if both parties are married to someone else.
This also can be used against you in the custody battle. The other party may try to convince the court that you are not very interested in getting child custody, and that’s why you have moved on.
Finally, getting married may have financial implications while the divorce is ongoing. Before making any decisions, it is best to speak with an attorney to understand the potential impacts.
Why do people bifurcate divorce?
There are many reasons why people choose to bifurcate divorce. Sometimes, protecting assets or ensuring everyone gets a fair share of the property may be important.
In other cases, bifurcating divorce may be chosen to speed up the process. If children are involved, bifurcating the divorce can also be helpful because it can make it less hard on them.
Whatever the reason, bifurcating divorce can be a helpful tool for those seeking to end their marriage.
Conclusion
Divorce bifurcation can have both positive and negative consequences. For example, while it might save you money or allow you to remarry, it could also cost you more in the process. It all comes down to your specific situation.
Thus, divorce bifurcation is not always the best choice. So weigh the pros and cons before making a decision. If you are considering divorce, speak with a divorce lawyer to see if bifurcation is the right choice for you.