New York divorce proceedings can be protracted and litigious. One strategy individuals may employ to mitigate these challenges is to petition the court for a bifurcated divorce. If you are considering this approach, it’s imperative to collaborate with an experienced Suffolk County Divorce Attorney who can advise you on the most appropriate course of action given the unique circumstances of your case.
How Does a Bifurcated Divorce Work?
A bifurcated divorce is a unique alternative to traditional litigation that some couples may elect to pursue. This process essentially divides the divorce into two distinct phases: the legal dissolution of marriage and the subsequent resolution of ancillary matters like spousal support, property division, child custody, and child support. This arrangement permits the formal termination of the civil union before the settlement of all outstanding divorce-related issues. This approach is frequently chosen by couples as it allows them to move forward with their lives while simultaneously resolving the remaining legal issues associated with their split.
A common reason for individuals to seek bifurcation is to remarry without delay, rather than waiting for the court to resolve ancillary legal matters. For instance, a spouse who is engaged or whose partner is expecting a child may wish to legally marry and avoid a potentially lengthy divorce resolution process.
Although this process may appeal to some couples, it presents several disadvantages. The process can become contentious due to an increase in hearings and paperwork. This type of divorce can also diminish the incentive to finalize the divorce, potentially making the proceedings more protracted. Attorney fees may also rise if the case is dragged out and requires extensive court preparation, additional hearings, and more paperwork.
What Should I Know About This Divorce Route in New York?
If you are interested in this divorce route, it’s imperative to understand that it’s generally not favored by New York courts. A bifurcated divorce is only granted in limited circumstances. A judge may consider bifurcation if there are compelling reasons, such as when the ancillary issues are complex, contested, and could significantly delay the finalization of the divorce. The court prefers to resolve all issues in a divorce case at once, including custody and visitation arrangements, the division of assets, as well as support payments.
When you are concerned about the timeline of your divorce, it’s crucial to note that there are alternatives available. An uncontested divorce may move things along more quickly. However, you may be able to turn to mediation or arbitration to speed up the process.
For more information, please don’t hesitate to contact an attorney at the Law Offices of Susan A. Kassel, P.C.
