What Is a Bifurcated Divorce?
The divorce cases may proceed in different ways. Sometimes you file for divorce in CA online and get your marriage terminated in several weeks. Meanwhile, other couples keep bickering on every detail in their divorce settlement and get the process dragged out for a couple of years instead. If you are in the middle of a complicated divorce and need to get it over here and now, bifurcation of marriage
can be your best option. Learn the bifurcation details and peculiarities and direct your divorce in a beneficial and comfortable way.
The Essence of Bifurcated Divorce
Divorce is not only about putting an end to your relationships. There is a list of settlements to be made beforehand. You should agree on property and debts division, custody, spousal and child support, and more. The discussions on any of the points can get prolonged for a decent time, and if you need a single status with no postponing, you’d better apply for a bifurcated divorce. In case your couple qualifies for the option, your marriage will be terminated as soon as possible. At the same time, all the other issues will be dealt with afterward.
The Reasons for Bifurcated Divorce
You cannot file for a bifurcated divorce just out of the blue. There should be serious reasons behind which you can provide to the court. Review the top common ones and pick out the reasonable cause:
- Wish to remarry – if you want to get married again and cannot wait any more, bifurcated divorce will grant you a chance with no delay. Meanwhile, you will have a possibility to discuss the previous relationship-related issues later.
- Tax returns status – you may also strive to get a “single” or “head of household” status on your tax returns in personal interests, then no one can hold you against the bifurcation.
- In case of bankruptcy – in case your spouse has claimed themselves to be bankrupt, your divorce process is put on hold until the bankruptcy period is over. Providing that you have no wish to wait until then to terminate your marriage, you can file for bifurcation earlier.
- Emotional harassment – in a situation when your partner deliberately drags on the divorce procedures to harass you emotionally and wear you out, you’d better opt for a bifurcated divorce to live your life without tension.
Mind that you have to provide a serious reason why you need a bifurcation. When your spouse is against your divorce to be bifurcated, and you cannot provide serious backing to your intentions, your request will be commonly denied.
Filing for Bifurcated Divorce
The process of filing for a bifurcated divorce is quite simple. It is nothing more complicated than any other divorce procedure. You should only cover the following steps:
- Check out the local law – several states disable to bifurcate a divorce, while the rest has different filing processes and different conditions qualifying you for the option. So it is essential to study the local regulations to discover whether you are able to ask for bifurcation.
- Consult your attorney – then it is advised to consult your divorce specialist whether bifurcation is your best option or whether it is better to hire a mediator or arbitrator and come to terms with your spouse to finalize your marriage quickly.
- File a motion to bifurcate divorce – if you are hundreds of percent sure that bifurcation is your best choice, then you need to fill out the appropriate form and pass it to the local family law office.
- Wait for a response – that is the moment when you need to sit and wait for the feedback. In case your partner has nothing against you, and your reasons are valid, your divorce will be bifurcated quickly.
Mind that in most states, you cannot file for bifurcation earlier than six months after you requested your marriage to be terminated. Most states require couples to wait at least half a year before they can gain a single status.
Overall a divorce bifurcation can be a great way out when you cannot wait to terminate your marriage, but the conditions don’t allow you to do so. Although the bifurcation process is simple, often, you will have hurdles to qualify for it or get your spouse to agree. In such a case, it is wise to consider an amicable divorce and get a mediator to help you sort out all the confrontations. This way, you will reduce your money, time, and health waste and start your life over without delay.
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