When you are filing for divorce in New York, you may find yourself overwhelmed by the various legal jargon and verbiage used. The word bifurcate is defined as an adjective meaning forked or branched. But what does it mean in terms of family law? To discover what a bifurcated divorce is and its relevance in your case, continue reading and set up your free consultation with a knowledgeable Nassau County divorce lawyer today.
What is a Bifurcated Divorce in NY?
A bifurcated divorce is a type of divorce where the dissolution of the marriage is handled separately from the settlement agreement. During the divorce process, a settlement agreement must be created outlining how the various issues of the separation will be handled. The document offers a resolution and clear instructions for how property and debt will be divided, whether alimony will be paid, what the custody agreement will be for any shared children, and how much child support the noncustodial parent owes.
Typically, the divorce is only issued once these topics have been resolved. However, in a bifurcated divorce, the process is split into two phases, one to address the parties’ marital status and one to address the settlement agreement. The court can terminate the marriage, leaving both spouses legally single, while still dealing with outstanding issues.
What is the Point of Bifurcation?
One or both spouses may want a bifurcated divorce for a variety of reasons. Maybe one spouse wants to get remarried or simply move on with a clean cut. There could also be tax benefits to being able to legally file as single or the head of the household. Some bifurcation cases also allow each spouse to resume using their separate property that is not subject to asset division, which may not be possible during a standard divorce proceeding.
One spouse could even be purposefully delaying the settlement agreement in an effort to emotionally or otherwise manipulate the other. Being able to legally sever that tie can provide much-needed closure and emotional release.
Does New York Allow Bifurcated Divorce?
Some states do not permit this process at all, but New York has not outlawed bifurcated divorce. However, it is rare that a court will consider the couple legally divorced while the terms of the settlement are still pending.
Bifurcation is only permitted in rare cases when there is a real and compelling reason to allow it. New York courts prioritize resolving all issues of the divorce in the same process to ensure a fair outcome and prevent potential issues or complications. There are other ways to expedite the divorce process, like requesting a speedy trial or filing a no-fault or uncontested divorce.
You will not likely be granted a bifurcated divorce in New York, but it is important to understand your legal rights and options. Reach out to a skilled attorney for more information.
