What is a Bifurcated Divorce?

 Posted on December 03, 2024 in Divorce

In the realm of divorce proceedings, a term that sometimes arises is "bifurcated divorce." There are many potential implications of a bifurcated divorce that can benefit from a knowledgeable divorce attorney. Understanding this unique approach to divorce allows those facing complex marital situations to make more informed decisions about their legal options. Like other forms of divorce, a Wheaton, IL divorce lawyer is an essential resource for couples going through traditional divorce or a bifurcated divorce.

What is the Meaning of a 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. 

One spouse may ask for a bifurcated divorce, or both spouses may agree to one. The judge will approve a request for a bifurcated divorce when exceptional circumstances exist that can make waiting months or years to conclude marital status unfair or an excessive hardship for one or both spouses.

When Does Using a Bifurcated Divorce Make Sense?  

A bifurcated divorce is often implemented when one spouse wants to remarry, yet there are still many complex issues that must be resolved. If it looks like the divorce could take many more months – or even years, a bifurcated divorce can give one or both spouses a sense of closure by finalizing marital status while keeping other issues that must be resolved open and ongoing.

Although it might seem that a bifurcated divorce is only for very wealthy couples, in fact, it could work well for couples from many different tax brackets. Couples dealing with complex property and asset division issues that will require assiduous inventory and appraisals or those having problems distinguishing between separate and community property could potentially benefit from a bifurcated divorce regardless of their level of wealth.  

If a couple finds it impossible to come to a mutually agreeable decision regarding the allocation of parental responsibilities, a bifurcated divorce allows extra time to consider a comprehensive parenting plan and how parental responsibilities will be divided. Spousal support and child support payments require an all-inclusive look at each spouse’s income, assets, and expenses, along with consideration of the children's needs and how those needs will be financially met. Until the bifurcated divorce is complete, temporary orders will guide these issues.  

What Happens if a Couple Cannot Agree to Terms in a Bifurcated Divorce Once the First Stage Has Passed?

Once the first stage of a bifurcated divorce has occurred and the couple is officially divorced, the remaining issues related to the divorce may stall because there is little motivation for the couple to work out their differences. One spouse may be happy with the temporary orders and may know that the final orders will not be as positive. If months or years pass and it looks like the couple may not be able to agree on the allocation of parental responsibilities, the division of assets, or spousal support, what happens? The judge may order the ex-spouses to resolve these issues, or the court may make the decisions for them.

Why Is it Important to Have an Experienced Divorce Attorney During a Bifurcated Divorce?

Having an experienced divorce attorney is crucial to the outcome of any divorce. A bifurcated divorce is much more complex than a "traditional" divorce, making having an attorney who has significant knowledge and experience in bifurcated divorces even more important. This is not an issue you should attempt to resolve on your own, as there are many legal issues that can cause problems for those unfamiliar with the process.

What Types of Unexpected Things Can Occur During a Bifurcated Divorce?

Many issues can occur during a bifurcated divorce that may require some additional indemnification steps. One spouse may need to indemnify the other for tax liability arising from the division of marital assets. All existing health and medical insurance coverage for the other party and children must be maintained; if the spouse who is maintaining this coverage is not allowed to do so under his or her employment, then that spouse will need to maintain the coverage at his or her own expense.

One spouse may also need to indemnify the other for any adverse consequences caused by the bifurcated divorce concerning deferred compensation, retirement, or survivor benefits under any plan. What if one spouse dies during a bifurcated divorce before all the issues have been decided? In this case, a "grounds only" judgment is entered, allowing the divorce to proceed even though one spouse is deceased. (750 ILCS 5/401(b))

What Are the Pros and Cons of a Bifurcated Divorce?

Some of the pros of a bifurcated divorce include:

• One or both spouses are legally free to remarry.
• Either spouse now has the ability to file tax returns as "single" or "head of household" and receive those tax benefits.
• Female spouses can change their names.
• A potential severing of joint liabilities, such as a lawsuit against one spouse could occur.
• One spouse can often remain on the other’s health insurance plan.

Potentially adverse issues related to a bifurcated divorce include:

• One spouse could claim minor children as dependents on his or her tax return before the court has ruled on the allocation of parental responsibilities, which could potentially conflict with final orders.
• If health insurance premiums are paid with marital funds, this could later require reconciliation during the division of assets.
• The extended time that a bifurcated divorce takes can result in higher legal fees for both spouses.
• The extra time taken in a bifurcated divorce to address all issues can be extremely stressful because while the couple is officially divorced, there is no closure until all issues are resolved.
• If children are involved, the lengthier settlement time can be more challenging for them.
• A technically "divorced" couple may be forced to continue sharing property, taxes, insurance, debts, and other obligations until the bifurcated divorce is completed.

Implications and Considerations of a Bifurcated Divorce

While the benefits of a bifurcated divorce may seem compelling, it is crucial for people to consider all 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, finalizing the divorce can reduce one spouse's motivation to reach a fair settlement or prolong the duration of the process if one party feels disadvantaged by the bifurcation. 

What is the 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, when one spouse is anxious to remarry, or where continuing the marriage would cause significant financial or emotional hardship. 

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

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. Our firm is one of the most prestigious in the area with extensive experience in all aspects of divorce. For legal counsel, contact the esteemed Wheaton, IL divorce lawyers at The Stogsdill Law Firm, P.C. by calling 630-462-9500 for a private consultation.