Many divorcing couples prefer to finalize the divorce as quickly as possible. Yet numerous delays arise during these cases, from conflicts over property division to disputes over child custody.
Traditionally, you cannot finalize the divorce until you have settled all of these matters. But bifurcation in divorce offers another option that allows couples to become legally divorced before finalizing every detail.
Learn how bifurcation works in divorce, then consult a divorce attorney to understand whether this may be a good option for your case.
What To Expect When Working With a Divorce Attorney in San Mateo, CA
Understanding the legal divorce process can be overwhelming, especially for those with no legal background or experience. However, virtually any couple can find themselves going through the divorce process. Having an experienced legal guide can be incredibly helpful for individuals navigating divorce and desiring to protect their rights.
A divorce attorney in San Mateo, CA, provides legal guidance and support for individuals going through divorce, legal separation, property division, child custody disputes, and other legal matters that often arise during this process. Whether you are considering a bifurcated divorce or you believe your divorce is relatively smooth, consulting a divorce attorney in San Mateo, CA, can help you protect your rights and understand all of your options.
What Is a Bifurcated Divorce?
A bifurcated divorce is one that the court splits or “bifurcates” into two parts. In the first part, the individuals involved in the divorce are legally restored to the status of single persons, even if there are still unresolved issues in the case. In the second part, the divorced couple addresses the remaining marital issues, such as spousal support, visitation, child support, child custody, and property division.
While California has a six-month waiting period between filing for a divorce and finalizing it, many divorce cases take much longer. When couples disagree on major issues in a divorce, they may try alternative dispute resolution methods such as mediation or arbitration before proceeding to divorce court. Court delays can prolong this process even further. In the meantime, the couple may wish to move forward as single people but feel held back by the ongoing divorce proceedings.
Bifurcation of marital status in divorce cases allows couples to become legally single and enjoy the benefits that come with it, such as being able to remarry or file taxes separately, before they work out all the remaining issues. This can reduce the stress of the divorce and give both parties ample time to consider all aspects of major decisions, rather than simply agreeing to something to further the divorce process.
Benefits and Risks of Divorce Bifurcation in California
Pursuing a bifurcated divorce makes sense in certain cases and not others. Your attorney can discuss the pros and cons of this process and help you understand whether it may be right for you and your spouse.
You might choose to explore bifurcation in any of these cases:
- You or your spouse wants to remarry quickly and doesn’t want to wait for the divorce to be finalized.
- You need to change your legal status for immigration or benefits purposes, or to qualify for certain government programs.
- You want to begin building your credit and establishing your finances apart from your spouse.
- You feel mentally or emotionally tied to the marriage, and becoming legally single would provide the closure you seek.
- You want to start moving forward mentally or physically but feel held back by the remaining divorce proceedings.
If major issues in your divorce seem to be at a standstill, or court delays continually prolong your divorce process, pursuing a bifurcated divorce may be a worthwhile option. But there are also risks associated with this process, and it isn’t for everyone.
- Significant changes to finances after you are legally single can complicate ongoing property division issues.
- Bifurcating the divorce requires additional court hearings and essentially two separate legal processes, which can increase the overall cost of the divorce.
- Becoming legally divorced through bifurcation may delay the resolution of divorce-related issues, as neither couple will feel as much pressure to work things out. In the meantime, issues like who rightfully owns the house or has control over certain assets can create confusion and further conflict.
- Bifurcating the divorce can cause you to lose access to spousal benefits, like health insurance coverage or retirement benefits, sooner than you would otherwise.
Exploring all of the potential risks of bifurcation is important. In some divorce cases, bifurcation does more harm than good and isn’t a worthwhile option for streamlining a legal divorce.
How Bifurcation Works in Divorce Proceedings
If you and your spouse have decided to bifurcate your divorce, your attorney can walk you through the process. The legal process of bifurcation in divorce court generally follows these steps:
- Complete the preliminary declaration of disclosures.
- Fill out a “Request for Order” to request a separate trial.
- Make two copies of the forms and file them with the court clerk.
- Attend a hearing, where a judge will make a decision about your request for bifurcation.
When the court grants a motion for bifurcation, it may require certain legal protections to stay in place until all elements of the divorce are finalized, such as:
- Protections under automatic temporary restraining orders
- Rights regarding retirement or pension accounts
- Continued coverage under health and automobile insurance policies
- Protections against certain tax implications from changing filing status mid-year
The judge will specify the conditions that apply to the bifurcation.
Judges grant bifurcation at their own discretion after reviewing the couple’s reasoning for wanting to separate the legal process.
Explore Bifurcation in Your Divorce Case
If you are struggling with the extended duration of your divorce timeline and the mental burden of still technically being married, exploring bifurcation may be a good option. Our divorce attorneys at Viola Law Firm P.C. help individuals navigating divorce understand all of their rights and options. We provide personalized representation throughout your divorce case so you can confidently move forward.
Call us today at 650-343-6400 to request a consultation.
