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What is a Bifurcated Divorce in NJ?
If a couple determines that their marriage is irreparable, they may wish to expedite the divorce proceedings. A bifurcated divorce presents one such option, allowing for legal dissolution of the marriage before the division of assets and the determination of alimony. However, this is usually granted only under specific circumstances. Consequently, the following blog examines the considerations surrounding this divorce option, the conditions under which courts may authorize it, and the importance of retaining an experienced Ocean County Divorce Attorney to facilitate this process.
How Does a Bifurcated Divorce Work in NJ?
A bifurcated divorce essentially divides the divorce process into two distinct phases: the legal dissolution of the marriage and the subsequent resolution of ancillary matters such as alimony, property division, and child support. This approach allows for the formal termination of the marriage prior to the settlement of these outstanding issues. Couples frequently pursue this option to advance with their lives while continuing to address the remaining legal aspects of their divorce. This can be particularly beneficial for tax filing status and remarriage.
Upon the granting of a bifurcated divorce, the couple is legally divorced, permitting each party the option to remarry. Nevertheless, they remain obligated to navigate the legal complexities of the divorce, whether through negotiation, mediation, or litigation.
What Must I Consider?
Obtaining a bifurcated divorce in New Jersey presents significant challenges. While permitted under state law, it’s only granted in extraordinary circumstances because it’s not the preferred divorce orute. The state limits this type of divorce due to its potentially higher costs compared to a traditional divorce, the risk of intentional delays, and difficulties in scheduling court hearings. The court will decide whether to authorize a bifurcated divorce based on the couple’s unique circumstances.
No strict guidelines define what constitutes “extraordinary circumstances” in this context. However, past cases have recognized domestic violence, infidelity, a spouse’s desire to remarry, and tax implications as valid reasons for a court to approve this divorce route.
It’s important to note that the court may impose conditions, such as maintaining health insurance for the other spouse or providing certain financial protections, on granting a bifurcated divorce. Although this can simplify the overall divorce process, it can also add complexity to the remaining issues.
Navigating this intricate proceeding can be exceptionally challenging. Therefore, it’s highly advisable to consult with an experienced divorce attorney at the Law Office of Sarina Gianna, LLC. Our legal team is prepared to evaluate your circumstances to advocate for this option on your behalf and provide guidance through these demanding matters. We encourage you to contact us today to ascertain how we may be of assistance.