What is a bifurcation of marital status?
In a dissolution of marriage lawsuit (more commonly known as a divorce proceeding), one spouse may want to be considered legally single before all issues are resolved. This is often the case when he or she wishes to get married or otherwise has a specific reason for needing to be considered single in the eyes of the law. Bifurcation of marital status helps make the process of ending a marriage faster by separating the actual ending of the marriage from the creation of a divorce settlement.
Understanding Bifurcation of Marital Status
There are numerous issues that need to be settled in a typical divorce case, including issues of child custody, child visitation, child support, spousal support, distribution of property, attorney fees, and personal conduct. Sometimes, resolving all of these concerns and finalizing a divorce settlement can take months or even years. Laws regarding bifurcation of marital status are intended to help resolve this problem. These bifurcation of marriage laws can vary (sometimes greatly) by state. However, the general idea is that one spouse may be able to have the issue of marital status taken separately from the other issues. In other words, a person who bifurcates his or her marital status will be considered legally divorced even if not all of the issues regarding the divorce are settled just yet.
The process of bifurcation of marital status is relatively simple in most cases and requires the filing of some legal documents. However, you should consult with an attorney before taking any action, since (particularly in some states) there are certain restrictions in place that affect the process in various ways. For example, in Alaska, both parties must agree to the bifurcation. However, it is possible to get an exception to this rule if the party requesting it shows good legal cause for it, and the court agrees that the interests of the other party would not be jeopardized by the action. In such a situation, should there be any arguments indicating that the action would affect the remaining division of property and/or other issues of the divorce in a substantial way, the court will likely not agree to the bifurcation. In other states, similar regulations apply, and it's often up to the discretion of the judge as to whether or not to grant such requests.
Getting Help
A qualified attorney in your local area can both explain the rules of bifurcation of marital status, and can also assist you with navigating through the process if you decide a bifurcation of marital status is right for you.