Bifurcate Divorce: Terminating Marriage While Still Dividing Assets

The Law Offices of James L. Arrasmith

Introduction Bifurcated divorce, also known as partial or limited divorce, allows married couples to legally terminate marital status before resolving other divorce matters like property division and child custody. This article explains bifurcations, the associated processes, pros/cons, and considerations so couples can make informed decisions.

Understanding Bifurcated Divorce

A “bifurcated divorce” legally ends a marriage while postponing settlements on critical issues between spouses, including finances, assets, children, etc. Bifurcating separates the termination of marital ties from unresolved property division, custody arrangements, spousal support, and other pending divorce matters. This essentially allows early legal separation and the possibility to remarry sooner while still necessitating continued court involvement to determine equitable distribution of joint finances/properties accumulated during the marriage.

When Courts Allow Bifurcation


Judges may approve bifurcation when exceptional circumstances make waiting the typical months or longer to formally conclude marital status an unfair or excessive hardship for one or both spouses. Before granting bifurcation, courts thoroughly assess that it does not negatively or disproportionately impact either spouse or minor children.

Process of Getting a Bifurcated Divorce


Despite separating the dissolution of marital status, obtaining a bifurcated divorce decree requires undergoing the duplicate legal filings, disclosures, negotiations, and court hearings as a typical divorce, including petitioning through motion the request to bifurcate, formally serving papers to the opposing partner, attending hearings addressing rationales and resulting impacts of legal separation, the judge ruling whether granting partial decree is appropriate, court entering both preliminary and final bifurcated judgments, and continuing appointed litigation efforts to resolve all outstanding financial and custody disputes before the divorce legally concludes.

Risks and Impacts of a Partial Divorce Decree

While offering spouses a mechanism to dissolve legal unions earlier, bifurcating divorce also potentially triggers complications when couples delay or dismiss appropriately cataloging then dividing marital assets/liabilities: communal property ownership, custodial rights, insurance/inheritance entitlements, beneficiary statuses, and tax implications often remain interconnected between partners despite interim status relief. Failing to correctly complete divorce dealings by equitably apportioning all accumulated possessions and responsibilities risks entangling partners in years of troublesome legal/financial disputes – issues made exponentially worse once new relationships form.

Related Terms: Experienced California divorce lawyer, six-month waiting period, other spouse, community property, medical insurance, tax consequences, divorce case, death benefits

Tax and Health Insurance Implications

The bifurcated divorce process immediately terminates marital status. Additionally, suppose one spouse maintains employment-based family health insurance. In that case, that partner must continue premium payments and coordinate benefits/coverage with the bifurcated ex-spouse throughout divorce dealings – responsibilities ceasing only once the court distributes financials at the proceedings’ end, given insurance intricately links to the division of assets and debt overall. These examples demonstrate why following through on complete divorce dealings holds extreme importance.

Deciding Bifurcation Requests

In California divorce cases, either spouse retains the right to formally petition (typically filed in a motion) a judge to consider bifurcating or partially/temporarily granting termination of marital status before all case matters get decided or finalized during dissolution proceedings. Yet judicial officers solely determine whether to allow a partial decree depending on demonstrated need, potential consequences, attorney insight, and overall circumstances, including:

The requesting spouse’s rationale/grounds prompting a bifurcation request; any negative impacts partial decree potentially imparts upon parties or minors involved; family law attorneys’ perspectives on necessity; sometimes input from additional case experts like mediators, therapists, or financial consultants. Most imperatively, judges analyze that granting bifurcation does not disproportionately or unduly prejudice spouses.

FAQ: What are the main advantages of getting a bifurcated divorce? The two primary benefits are: 1) Spouses can legally end marital status faster, often in months rather than years; 2) Bifurcating may reduce conflict and complexity when major arguments are around wanting to finalize marital termination.

FAQ: Does a bifurcated divorce mean you don’t have to divide finances and property? No, a partial decree officially ends the marriage only. Spouses must still complete the entire asset division and divorce settlement process even after technically separating.

When Courts Allow Bifurcation


Judges may approve bifurcation when exceptional circumstances make waiting the typical months or longer to formally conclude marital status an unfair or excessive hardship for one or both spouses. Grounds include wanting to remarry quickly due to health/insurance needs, accounting for a partner’s impending military participation or faraway move, when the question of legal separation holds up getting a trial date scheduled, or arguments over marital dissolution prolong global case resolution. Courts thoroughly assess that bifurcating does not negatively or disproportionately impact either spouse or minor children before granting.

FAQ: If one spouse opposes getting a bifurcated divorce, can the other still get it granted?
Yes, but the opposing spouse will have the opportunity in court to argue against bifurcating. The judge decides if adequate grounds and unique circumstances allow partial decree over an objection.

Process of Getting a Bifurcated Divorce


Despite separating the dissolution of marital status, obtaining a bifurcated divorce decree requires undergoing the duplicate legal filings, disclosures, negotiations, and court hearings as a typical divorce including petitioning through motion the request to bifurcate, formally serving papers to the opposing partner, attending hearings addressing rationales and resulting impacts of legal separation, the judge ruling whether granting partial decree is appropriate, the court entering both preliminary and final bifurcated judgments, and continuing appointed litigation efforts to resolve all outstanding financial and custody disputes before the divorce legally concludes.

FAQ: Are particular forms needed to request bifurcation, or is it the standard divorce petition? The exact initial divorce papers get filed as usual; then, if bifurcating, a specific motion petitioning the court for partial decree status gets drafted and submitted. Attorneys handle proper filings.

Related Terms: Divorce attorney, remaining issues, court grants, divorce proceedings, remarry sooner, family law case, tax benefits, divorce proceeding, spouse refuses, marital property, child support

Risks and Impacts of a Partial Divorce Decree


While offering spouses a mechanism to dissolve legal unions earlier, bifurcating divorce also potentially triggers complications when couples delay or dismiss appropriately cataloging then dividing marital assets/liabilities: communal property ownership, custodial rights, insurance/inheritance entitlements, beneficiary statuses, and tax implications often remain interconnected between partners despite interim status relief.

Failing to correctly complete divorce dealings by equitably apportioning all accumulated possessions and responsibilities risks entangling partners in years of troublesome legal/financial disputes – issues made exponentially worse once new relationships form.

If spouses bifurcate but never finish formally dividing assets and setting child custody, communal property rights and legal obligations related to children will remain jointly held, leading to future disputes.

If one bifurcating spouse passes away before formally completing divorce court financial matters, then the surviving spouse may continue having claims over assets, insurance policies, and inheritance distributions.

Tax and Health Insurance Implications


The bifurcated divorce process immediately terminates marital status. Still, until issues are fully litigated or settled, specific binding contracts and ties continue, as exemplified by insurance coverage and tax filing scenarios: If spouses file joint income tax returns, any refunds or liabilities incurred legally remain jointly owned by the parties notwithstanding marital status dissolution through partial decree.

Additionally, suppose one spouse maintains employment-based family health insurance. In that case, that partner must continue premium payments and coordinate benefits/coverage with the bifurcated ex-spouse throughout divorce proceedings—responsibilities ceasing only once the court distributes financials at the proceedings’ end, given insurance intricately links to the division of assets and debt overall. These examples demonstrate why following through on complete divorce dealings holds extreme importance.

If one spouse claims minor children as tax dependents on returns before courts have ruled on custody, this could conflict with final orders and require amended filings.

If community funds are used by an individual spouse to pay health plan premiums after receiving a partial decree, this mishandling of assets will later require reconciliation.

Key Takeaway:

Even after legally separating, bifurcated spouses continue temporarily sharing specific property, tax, insurance, and other pending divorce-related rights and obligations until receiving final court financial orders – a prolonged status requiring careful navigation.

Conclusion

The bifurcated divorce process provides a mechanism for the more urgent dissolution of marital ties, but completing property division, child custody agreements, and financial untangling also remains essential. Grasping bifurcation procedures, with experienced legal guidance, best positions spouses to make the most informed decisions when navigating often already emotionally fraught divorce complexities.

Related Terms: traditional divorce, legal counsel, adverse consequences, provide medical insurance, attorney fees, separate property, social security benefits, parties involved, financial details

Client Reviews

James Arrasmith is one smart attorney! He understood my problem and came up with a great solution right away. I can depend on him to listen and ask the right questions to get straight to my issues. His availability is...

Alan Murphy

Hiring James to handle my eviction / landlord tenant case is one of the best decisions I’ve ever made. He assisted me every step of the way and made the process smooth and easy. It was obvious that he truly cared about...

Monica Martínez alvarado

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

DD M

Great consultation, efficient, attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process. Mr...

Nadia Faraci

James is an amazing attorney!! I had never hired a lawyer before (and was very nervous), but James took hours of his time to explain the entire procedure to me. He gave me a thorough consultation, and I was so impressed...

Ledi

James was the only person to answer the phone at 7am on a Saturday morning. My first phone call to him was as a scared and stressed woman with no idea on where to even begin to explain the sort of help I needed. James...

Renae Elise

James helped me with two landlord tenant issues. In both cases, I was able to expeditiously resolve my issue with the tenant. I appreciate his genuine care for his clients; a rare trait in an attorney. I would highly...

theresa26 r

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave...

Tricia Matsis

James Arrasmith did a great job for me on my legal matter. From the first time I talked to him he was very professional and knew what he was talking about. I would recommend James Arrasmith to anyone who needs help with...

Alvin Warren

I can't express enough how much James put my heart at ease. He has really been dugiligant at getting things done vs what I have experienced before using other lawyers. Highly recommend James if your looking for trust...

Jeremy Rasmussen Finnif Skate

James Arrasmith is a fantastic attorney. He is respectful and knowledgeable! Always very responsive and really takes his time explaining everything so you can understand it. I would highly recommend you meet with James...

Andrew Noseworthy

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James Pearson

Highly recommend choosing James. He was extremely responsive always making sure I understood every step of the process. In addition, he would periodically check in with me before important decisions needed to be made.

Tulsi

He is experts and reasonable attorney.

Ahmad Ali Shinwary

Best attorney I ever worked with... he takes time to explain the whole process and and will make sure you are happy with his work. We did a living trust and he helped me with an eviction case. I highly recommend him!

Alina Cojocari

James is an excellent attorney. I recommend him to anyone who's looking for someone who cares and wants to help win their case! :)

Allen Esealuka

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber Styles

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave her...

Tricia

James is a professional with outstanding customer service. We hired him to take care of an issue for us and he delivered as promised. I highly recommend him if you have any ongoing legal issues. James it's absolute...

Aztec Gold99

He will go out of his way . The best lawyer in Sacramento!I don’t know what I would do without lawyer james.

Bryan

Very professional, understanding and willing to assist in any way he can. I am most definitely keeping James as my one stop shop lawyer.

Brad Naylor

I am so happy I found Mr. Arrasmith's law firm! I couldn't have been happier with my decision to hire James. He took my case from point A to point Z and kept me informed every step of the way. If I ever need an attorney...

Bryce Colburn

James is a wonderful addition to the legal community. He is hard working, bright and ethical. He goes the extra mile for his clients.

Caitlin Ross

He was a great attorney.

Devon Campbell

I contacted Mr. Arrasmith regarding a disability related inquiry for a family member. Mr. Arrasmith provided excellent and immediate responses to my questions. I felt as though he truly cared about the well being of my...

Anonymous

Great consultation, efficient, & positive attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process...

Nadia

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber

James is a great guy. He has helped me to start a very difficult case. That I was nervous to do. He has made me Confident that he will fight hard on my case.

Rachel

I am so happy I made a decision to hire James to help me with my case. He was very professional and assisted me every step of the way. I was able to get a very positive settlement on my case. I couldn’t be happier!

Ledi

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patty

James did a great job helping us with getting our settlement. Followed up in timely manners and updates always provided. Thank you for your help!

Anonymous

Gave James smith a call late at night with an immediate answer, he is very quick to respond and was eager to answer any questions I had.

Erika

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

Darren

James is a great lawyer! He is honest and very trustworthy. He will give you sound legal advice.

Jason Motto

Great service and customer service. Very professional too, thanks James and Maria!! Having a bilingual attorney who knows so many different aspects of the law is a BIG plus.

JC R

I found James online after an extensive search. He was knowledgeable and worked with me on a payment plan I could afford. I'm happy I picked him for dealing with my awful landlord. He helped me get the settlement I...

Jenn C

Lawyer James Arrasmith For me He very was very approachable and likeable as a person . I felt very comfortable with the knowledge, and information shared for our case. which we got desired result from. He to me is a...

John Davis

James is a wonderful lawyer and person! He is hardworking , ethical, quick and effective lawyer! He knows what he is doing.

Ka Saelee

James Arrasmith always does amazing job helping me with my landlord and tenant cases!! He is my go-to attorney when I need assistance in evicting tenants. I like how he also represents tenants as well as landlords - so...

Kerry Davis

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen Trexler

Best lawyer he will get the job done went out of his way totally

Larry Yabut

Mr. Arrasmith and his team are amazing. Mr. Arrasmith is very knowledgeable and has been amazing through our whole process. He treats people like a human being and not a paycheck, I would highly recommend him to...

Magan Mellinger

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen

I would highly recommend James. I did lots of research searching for a great Attorney in the area. He makes you feel hopeful during a difficult times. His knowledge and expertise was great!

Maria Guardado

I had a personal issue and needed to consult with a lawyer. James Arrasmith took his time to explain everything so that I could understand exactly what my options were and the best way to go about my next move. I would...

Mark Hodges

A Very Nice, Personable Attorney/Person!! He is Very Patient and Willing to Listen to My {Tour} Case/Problems>I would Highly Recommend James to Anyone Seeking Fair and Equitable Justice!! Mark, CA.

Mark Loeffler

Thank you Mr James for helping me. What a great attorney! If you need help call Mr Arrowsmith!

Marva Davis

I give James Arrowsmith Attorney at Law 5 stars not just because he supports and represents CAED (our Non- Profit Organization that works with children ) but also because of how decent a person I've found him ...

Marvell Wilson

I was sooooo nervous about my case until I called James. He literally made the entire process simple and easy for me. I cannot recommend him highly enough! He is the most amazing attorney I’ve ever had!

Peyton

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patsa Hin-udom

I am Latina and my English is not very good, therefore the attorney made sure that there was an assistant who spoke Spanish and who translated everything he told me and answered all my questions. Excellent service, I...

Paula Barriga

James is fantastic! He answered all of my questions and gave me clear guidance. If you are looking for an experienced and knowledgable attorney, I highly recommend James. Amazing Lawyer!

peyton cooks

James has a very good heart. He takes his cases personally as if it was him. He is a very nice understanding guy

Rachel Ottley

James is very knowledgeable, professional, and dependable. He patiently guided me through my estate planning and pre-nuptial questions, and made both processes much easier for me to understand. Highly recommended.

Sanat Sahasrabudhe

James arasmith is an excellent attorney when I needed help or advice he was always there to answer my calls or emails a very kind person listens & cares.

Tariq Johnson

Thank you so much for being highly responsive. Making I understand every step of the process. As well as checking in with me before important decisions need to be made.

Tulsi Patel

Very friendly, personable, and professional. I was able to get through my legal issue relatively smoothly and had exceptional support through the entire process. Pricing was reasonable and the billing process was not...

V Cat

I had some legal questions, and contacted James Arrasmith Law firm. His response was quick, and very helpful.

vera vlasenko

I highly recommend James Arrasmith. He really listens to your needs & truly cares about his clients. He is very professional & provides great results!

Vicky Tisdale

Contact Us Now

(916) 704-3009