What You Need To Know About Bifurcation in Divorce

Before reaching out to a divorce attorney in Phoenix, you might hear about bifurcation in divorce cases and wonder whether it’s a possibility for you. Lincoln & Wenk handles complex family law cases, including divorce, child custody, and spousal support. We’re here to break down the basics of a bifurcated divorce, including its advantages and drawbacks, and whether you can terminate your marriage this way in Arizona.

What Is Bifurcation in Divorce?

Bifurcation refers to splitting something into two separate parts. When divorce proceedings allow bifurcation, the two main parts are:

• Marital status termination: The courts will declare a marriage legally over before a former couple is able to finalize other components of their divorce decree.
• Settling all other issues: Finalizing the division of marital property, child custody and support arrangements, and spousal maintenance agreements comes after the court declares ex-spouses legally single.

Let’s compare a bifurcated divorce to a standard divorce. A couple going through the traditional process may take months to negotiate their terms. Until they reach an agreement that the court signs off on, they will remain legally married.

In jurisdictions that allow it, bifurcation may allow a couple to legally end their marriage faster. However, it could be a while before they come to an agreement about dividing assets, establishing spousal support, or splitting child custody and parenting time.

The Potential Advantages of a Bifurcated Divorce

Why would someone opt for bifurcation in divorce cases rather than the standard approach? Splitting the proceedings into two parts may offer several advantages for each spouse. Take a closer look at the potential benefits of requesting a two-part divorce.

You Can Remarry Faster

Imagine a marriage ends due to one spouse having an affair. The couple begins their divorce proceedings, but the spouse who was cheated on refuses to settle during mediation or negotiations. Meanwhile, the one who had the affair is still with that partner and intends to marry them.

The longer divorce negotiations or litigation take, the longer both parties need to wait before they can marry someone new. One of the biggest reasons why people opt for a bifurcated divorce is that prolonged negotiations won’t impact their ability to get married again. As soon as the court terminates their “married” status, former spouses can legally remarry, even if the rest of their divorce settlement isn’t complete.

There Are Potential Tax and Financial Benefits

Rather than filing your taxes as a married couple, you might find it beneficial to file either as a single individual or as the head of the household. Ongoing negotiations about property division, child custody, and alimony might delay your change in status under normal circumstances. With a two-part divorce, you can become legally single before you finalize those other components.

What if your soon-to-be ex has just filed for bankruptcy? Their bankruptcy case may throw a wrench into standard divorce proceedings. By splitting it up into two parts, you could officially end your marriage while the bankruptcy case moves forward.

You Could Avoid Delays

Some couples anticipate a lengthy divorce. One of the biggest benefits of bifurcation in divorce cases is that it helps people avoid delaying the inevitable.

During a conventional divorce, couples have to either reach an agreement on their own or allow a judge to decide:

• Who keeps certain marital assets
• Whether one spouse will pay alimony to the other
• How they will split parenting time over their kids
• Whether child support payments are necessary

They will remain legally married until they officially sort through these issues. Some cases end up taking longer to settle if disputes arise or one party refuses to compromise. Business ownership and sharing high-value assets can also make for lengthy, complex divorce proceedings.

A drawn-out process often means paying more in legal fees. If bifurcation is an option, you might want to take advantage of it. You’ll dissolve the marriage first and potentially receive some closure. Once that’s final, you can then focus on agreeable terms.

Jurisdictions Set Their Own Rules Regarding Bifurcated Divorces

The divorce process may look a bit different in every state. For example, some states allow you to file for an at-fault divorce and cite issues like adultery or incarceration as the reason behind the marriage’s breakdown. After filing, you may need to wait for a certain period of time before moving forward with the proceedings, depending on your state laws.

Bifurcation in divorce cases is yet another issue that widely depends on your state. Not every jurisdiction allows for these types of divorces. If you’re interested in a bifurcated divorce, research your local laws and speak with an attorney about your options.

Arizona courts generally don’t allow a two-part divorce and require couples to settle marital assets, child custody, and other matters before the marriage is officially dissolved. Contact an experienced Arizona divorce lawyer, like counsel from Lincoln & Wenk, to learn more about the laws that apply to you.

Consider the Downsides of a Bifurcated Divorce

Even if a jurisdiction allows someone to file for this type of divorce, it might not be the ideal choice. Bifurcation in divorce cases can have a few drawbacks that individuals should be aware of. They include:

• Increased costs: Couples have to endure more court filings and hearings, which often means more attorney involvement and legal fees.
• Lack of efficiency: Courts may not permit a two-part divorce because it’s less efficient. Finalizing everything at once might be much more preferable.
• Extended conflict: Delaying spousal support, property division, and other settlements may not make for easier conflict resolution. In some cases, couples are at odds for much longer with a bifurcated divorce compared to a standard one.
• Court approval: In states allowing two-part divorces, parties usually need to request bifurcated proceedings, while a judge has the final say on how to proceed.

Weigh the pros and cons of having a bifurcated versus conventional divorce. Review your options with an attorney to fully understand their legal intricacies.

Tips for Navigating Divorce Proceedings

It ultimately doesn’t matter which type of divorce case you end up in. The situation will always require a final divorce decree outlining things like property division, child custody, and more. Discover tips for handling these issues in a timely, productive manner.

Be Transparent

Splitting assets and debts in a divorce may not be ideal, but that doesn’t mean you should try to hide financial information. Gather important documents for your legal team to review, including:

• Tax returns
• Bank statements
• Credit card statements
• Mortgage balance information
• Investment account details

Transparency is key in divorce proceedings, particularly when it comes to asset division. Failing to provide the necessary information could lead to disputes and extend the process.

Remain Willing To Compromise

Whether your state allows bifurcation in divorce cases or not, you’ll likely try to settle the case out of court before considering litigation. Negotiations can be smooth and amicable when both parties are willing to compromise.

Go into this process with realistic expectations and an open mind. Approaching negotiations with a stubborn or vindictive mindset could make things more complicated, especially if your ex takes the same approach. Making small compromises along the way could lead to mutually agreeable terms.

Consider Mediation

Many jurisdictions encourage mediation for divorcing couples. Rather than letting your attorneys lead negotiations, a third-party mediator facilitates discussions.

They will usually talk to both spouses separately to understand their expectations and preferences. The mediator then brings them together to discuss possible compromises that may please both parties. If mediation does not lead to a settlement agreement, your other options include arbitration and litigation.

Focus on Your Children When Devising a Custody Agreement

For couples with young children, custody arrangements may be one of the toughest aspects of divorce proceedings. It’s important to put your kids’ needs first and act in their best interests, since this is how family courts approach custody cases. Prioritize giving your child stability during and after your divorce.

If your custody agreement does not include equal parenting time, one parent may need to provide child support payments. Prepare for this possibility when you begin your discussions.

Rely on a Legal Professional

Divorce cases are usually emotional to begin with. Add some legal challenges, and they become even more mentally taxing. To prevent the process from becoming too overwhelming, hire a knowledgeable lawyer.

An experienced attorney can guide you through the proceedings, answer questions, and potentially assist with other family law matters.

Consult Our Phoenix Divorce Attorneys for Legal Support

Arizona may not allow bifurcation in divorce cases, but that doesn’t mean that the process is any less complex. Turn to Lincoln & Wenk for legal assistance during a divorce. Our attorneys can share how discovery works, what impacts spousal support agreements, and much more.

Connect with us today if you’re considering ending your marriage and need a lawyer to guide you through the next steps. Call our firm at (623) 294-2464 or submit our online request form to schedule a consultation.