Divorce can be an extremely complicated and time-consuming process, especially when the terms are contested or the case involves complex issues. Sometimes, couples are eager to be legally divorced even when issues like property division or alimony have not yet been resolved. While uncommon, this can technically be achieved through a bifurcated divorce. To learn more about this process and secure skilled legal advice, continue reading and consult with an experienced Bergen County divorce lawyer today.
What is a Bifurcated Divorce?
A bifurcated divorce is when a court separates issues in a divorce case, allowing certain aspects to be resolved before other matters are settled. It generally splits the case into two parts, one where the marriage is officially dissolved and one where relevant issues like property division and custody are handled.
In a traditional divorce, the final divorce decree that legally dissolves the marriage is filed along with the settlement agreement, which outlines how property division, debt allocation, child custody, child support, alimony, and other issues will be dealt with. They are finalized on the same day through the same paperwork.
In a bifurcated divorce, however, the judge can officially terminate the marital relationship on one day and approve a settlement agreement weeks or even months later.
Can I Get a Bifurcated Divorce in New Jersey?
Bifurcation is rare in New Jersey divorce cases and is only permitted in limited circumstances. Judges generally prefer to resolve all of the divorce issues together, unless there is a compelling reason.
Someone may want a bifurcated divorce for the following reasons.
- One spouse wants to remarry quickly, but their current marriage must be legally terminated in order to do so
- The case involves extremely complex issues, and there are serious delays in resolving property or custody matters
- One spouse is purposefully delaying the process
- Financial considerations like needing to be legally single in order to file for bankruptcy or sell a property or business
- The divorce needs to be resolved before one spouse is deployed on a military assignment
New Jersey courts generally discourage bifurcation, but judges may allow it if the reason is compelling enough.
How Can I Get a Bifurcated Divorce in NJ?
If you want to bifurcate your divorce case, you must file a motion asking the judge to do so. The motion should demonstrate the extraordinary circumstances and good cause that have compelled you to file such a request.
If there is an urgent personal or financial reason to get divorced quickly, you should submit the request. Keep in mind that New Jersey courts are hesitant to grant bifurcated divorces, and it is up to the judge’s discretion whether or not to approve. If there is not a pressing enough reason that you need your marriage to be dissolved right away, your request will likely be denied.
This process can be complex, so it is highly recommended that you secure the help of a skilled attorney. Reach out to a knowledgeable lawyer at Feitlin, Youngman, Karas & Gerson, LLC today for more information.
