If you and your spouse have decided that your marriage is no longer working, you may want to speed up the divorce process. One option you may want to consider is a bifurcated divorce, as this can grant you a legal divorce prior to the process of dividing assets and deciding alimony. However, this is typically only granted under special circumstances. As such, the following blog explores what you should know about this divorce option and when the courts can authorize it, as well as the importance of working with a Somerset County divorce attorney to assist you through this process.
How Does a Bifurcated Divorce Work?
A bifurcated divorce is an option that some couples may wish to pursue. Essentially, this splits the divorce process into two parts – the actual dissolution of the marriage and the resolution of matters like alimony, property division, and child support. This allows the couple to be formally divorced before they settle the outstanding matters related to their divorce. In many instances, couples seek this option as they wish to move on with their life while resolving the remaining legal matters associated with their divorce.
As such, when a bifurcated divorce is granted, the couple is legally divorced. This means they each may choose to remarry if they wish. However, they must still navigate the legal matters of a divorce, whether through negotiation, mediation, or litigation.
What Should I Know About This Option in NJ?
If you are interested in obtaining a bifurcated divorce in New Jersey, it’s critical to understand that this can be difficult. While New Jersey law does permit this kind of divorce, the legislation states that it should only be granted under extraordinary circumstances. This is because it is not the preferred divorce option in the state. The state limits this kind of divorce because it can cost significantly more than a standard divorce; parties often use this to intentionally delay the divorce process, and it can be difficult to schedule hearings with the court. As such, it is ultimately up to the court to decide whether or not to grant a couple a bifurcated divorce based on their unique circumstances.
Unfortunately, there are no specifications as to what constitutes a circumstance so extraordinary that the courts would grant this type of divorce. However, in the past, domestic violence, infidelity, the desire of one or both spouses to remarry, and tax implications have been acceptable reasons for a court to grant this option.
As you can see, navigating this process can be incredibly difficult. That is why it’s in your best interest to connect with an experienced divorce attorney with the Siragusa Law Firm. Our team can examine your circumstances to not only fight for this option on your behalf but also assist you through these difficult matters. Contact us today to learn how we can guide you through these matters.