Bifurcation

Bifurcation of Marital Status

A bifurcation of marital status is a motion to request the court to take the issue of marital status and split it from all other pending divorce issues such as spousal support, child custody/visitation, child support and property division. The result is the termination of marital status, hence restoring the parties to single person status.

A bifurcation will not be granted until six months has passed from the date the respondent was served. Additionally, the spouse asking for the bifurcation must have a good reason as to why the court should terminate the marriage separately from all other issues in the divorce.

In considering bifurcation, one must explore the effects it will have on the case, any consequences to either spouse, and the conditions that must be met for the court to grant bifurcation. At Buncher Family Law, we typically advise against bifurcation of marital status if it is solely for emotional reasons.

If you are interested in seeking a bifurcation or a bifurcation has been served on you, it is important to consult with an experienced attorney who can guide you through the pros and cons.

Posted in Bifurcation, Divorce.