Divorce is often a long, complex, and emotionally draining process. For many couples, untangling finances, determining custody, and dividing property can take months or even years. But what if you could finalize your divorce sooner, even while some legal matters remain unresolved? That’s where bifurcation in divorce comes in.
Bifurcation allows a court to legally end a marriage before resolving other issues like property division, spousal support, or child custody. While it can be a useful tool in certain situations, it’s not available in every state or every case. In this article, we’ll break down what bifurcation means, why courts allow it, its pros and cons, and how it impacts different aspects of a divorce.
Understanding the Basics of Divorce Bifurcation
Bifurcation is a legal process that splits a divorce into two separate proceedings:
- The dissolution of marriage – This legally ends the marital status, meaning both spouses are officially single and can remarry.
- The resolution of remaining issues – Matters like property division, child custody, child support, and alimony are handled separately at a later date.
This option is particularly useful for couples who agree they want to move on with their lives but are struggling to reach an agreement on financial or custodial matters. However, bifurcation isn’t automatically granted—it typically requires a request from one or both parties and approval from the court.
When and Why Do Courts Allow Bifurcation?
Courts consider several factors before granting a bifurcation request, ensuring that neither party is unfairly disadvantaged by finalizing the divorce before all issues are settled. Some states, such as Washington and Oregon, allow bifurcation under specific conditions, while others prohibit it altogether.
Bifurcation isn’t granted automatically; courts consider whether it serves fairness and efficiency in the divorce process. Generally, a judge will approve bifurcation when delaying the dissolution of marriage would cause unnecessary hardship to one or both parties, as long as bifurcation will not cause unfair financial or legal consequences to one of the parties.
Key Benefits and Drawbacks of Bifurcated Divorce
Before pursuing bifurcation, it’s essential to understand both its advantages and potential downsides.
Benefits of Bifurcation
- Faster divorce finalization – One of the biggest advantages is that you can legally end your marriage much sooner, even if other issues remain unresolved.
- Freedom to remarry – If you or your spouse wish to remarry, bifurcation allows you to do so without waiting for property or custody disputes to be resolved.
- Emotional closure – Many people find it easier to move forward with their lives once the legal status of the marriage is settled.
- Tax advantages – Filing as a single taxpayer sooner could provide financial benefits in certain situations.
- Avoids being “stuck” in legal delays – If one spouse is dragging out the divorce process, bifurcation can prevent the other from being held in limbo.
Drawbacks of Bifurcation
- Delayed resolution of important issues – While the marriage legally ends, property division, spousal support, and child custody remain unresolved, potentially prolonging disputes.
- Financial risks – Some spouses may lose financial benefits tied to marriage (such as health insurance or tax breaks) sooner than they anticipated.
- Complicated legal process – Not all states allow bifurcation, and in those that do, securing approval can be challenging.
- Potential unfairness – If one spouse has more financial power, bifurcation could be used as a strategy to pressure the other into accepting unfavorable terms.
While bifurcation offers clear benefits in some cases, it’s not always the best choice, especially if it puts one spouse at a financial disadvantage.
How Bifurcation Affects Property Division, Support, and Custody
Even though bifurcation legally ends the marriage, it does not resolve critical divorce-related issues like property division, spousal support, and custody. This can lead to complications down the road.
Property Division
Bifurcation means property division is delayed, which can lead to disputes over how assets should be split. If one spouse accumulates wealth after the marriage is dissolved, arguments may arise over whether those assets are considered marital property.
Spousal Support (Alimony)
In some cases, bifurcation can affect spousal support calculations. The longer it takes to finalize financial matters, the more complicated alimony negotiations may become. Some states require a spouse to maintain financial obligations even after a bifurcated divorce.
Child Custody
Bifurcation does not immediately resolve child custody arrangements. If parents are unable to agree on a custody plan, this can prolong uncertainty for the children. Courts prioritize the best interests of the child, but delays in resolving custody disputes can create additional stress for both parents and children.
Child Support
Since child support is typically calculated based on custody arrangements and parental income, bifurcation can create delays in establishing financial support for children. This can be problematic if one parent needs immediate financial assistance to care for the children.
Legal and Financial Uncertainty
When bifurcation is granted, both spouses may face legal and financial uncertainty while waiting for unresolved matters to be settled. This is especially concerning in high-asset divorces where complex financial matters remain pending.
How a Family Law Attorney Can Help You Navigate Bifurcation
If you’re considering bifurcation in your divorce, an experienced family law attorney can help you:
- Explain the process and requirements for bifurcation in your case
- Help you assess whether bifurcation is in your best interest
- Advocate for fair property division, spousal support, and custody arrangements
- Protect your financial and legal rights throughout the process
Bifurcation can be a powerful tool in divorce proceedings, but it’s not suitable for every situation. To help ensure you’re making the best decision for your future, seek out a legal team that understands the complexities of your case.
Contact McKinley Irvin at (888) 337-0258 or fill out our online form to schedule a consultation.