What is a Bifurcated Divorce?

 Posted on August 21, 2023 in Divorce

In the realm of divorce proceedings, a term that sometimes arises is “bifurcated divorce.” Today, we will explore what a bifurcated divorce entails, focusing on its definition, process, and potential implications. By understanding this unique approach to divorce, individuals facing complex marital situations can make more informed decisions about their legal options. Like other forms of divorce, a divorce lawyer is an essential resource for couples going through traditional divorce and bifurcated divorce.

Defining Bifurcated Divorce

Bifurcation refers to dividing a divorce case into two separate parts or stages. In the context of a divorce, it essentially means that the legal dissolution of the marriage is granted before all remaining issues, such as property division, child custody, and spousal support, are completely resolved. This approach allows couples to efficiently obtain a legal divorce while continuing to negotiate or litigate the remaining matters. 

Process of a Bifurcated Divorce

The process typically involves several key steps. Initially, one spouse must file a motion to the court requesting a bifurcation of the divorce, providing valid grounds for the request. Common grounds for bifurcation include situations where the couple has been separated for an extended period of time, when one spouse is anxious to remarry, or instances where continuing the marriage would cause significant financial or emotional hardship. 

After filing a motion, the court evaluates the grounds and makes a decision. If granted, the court will issue a judgment of dissolution of marriage, legalizing the termination of marital status. Following this, the divorce becomes effective, and both spouses can proceed with their lives as individuals. 

Implications and Considerations

While the benefits of a bifurcated divorce may seem compelling, it is crucial for people to consider the potential implications carefully. One consequence of a bifurcated divorce is that it does not address all unresolved issues related to a divorce, leaving aspects such as property division, child custody, and support for further resolution. 

Additionally, bifurcated divorce might impact the dynamics of ongoing negotiation or litigation. For example, the finalization of the divorce can reduce the motivation of one spouse to reach a fair settlement or prolong the duration of the process if one party feels disadvantaged by the bifurcation. 

Contact a DuPage County Divorce Attorney

Ultimately, divorce presents an alternative approach for couples seeking a timely legal dissolution of their marriage while postponing the resolution of remaining legal matters. By understanding this process, individuals can decide whether it is a path they are interested in pursuing. For legal counsel, contact the esteemed Wheaton divorce lawyers with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.illinoiscourts.gov/Resources/e08a42d8-9378-45f6-be3f-e92a15822cf7/113496.pdf