Bifurcated Divorces: What Are They (March 2025)

What Is Bifurcation in Divorce?

From the moment you serve divorce papers to your spouse to the moment when you receive the decree that makes the separation legal, months can go by. That’s the case because there will be alimony, property division and custody issues to be resolved. A bifurcated divorce allows you to side-step these by separating the process into two parts.

During this kind of divorce, the dissolution of the marriage is granted before all of these details are hammered out. It allows couples to continue to negotiate the terms while preventing these issues from getting in the way of the ultimate goal of divorcing.

A bifurcation in marriage dissolution can occur if one spouse chooses it or if both agree. That doesn't mean that a judge will always grant it. The court will typically only approve these types of divorces when there are extenuating circumstances that make waiting for a divorce impossible. The reasons for divorce can play a role in this decision.

When a Bifurcated Divorce Can Be a Good Option

Often, bifurcated divorces are considered when one or both of the spouses want to remarry. If there are still many legal issues to address and it appears the divorce will take months or even years to resolve, a bifurcation can be helpful.

Sometimes, if there are accusations of domestic violence, a bifurcated divorce allows for the safety of the vulnerable spouse. It allows them to move on and break away from their partner legally.

If there are complex financial issues, as well as asset division problems, that could significantly slow the divorce down, a property division lawyer may argue for a bifurcated divorce. This would help avoid rushing into a decision that could impact both spouses in the future.

Bifurcated divorces also allow for more careful determination of parental duties since coming up with appropriate parenting plans takes time.

You can expect that for as long as the negotiations go on, even after the official divorce, there will be temporary court orders in place. These orders ensure that neither of the spouses feels pressured to make a decision on important issues before they’re ready to do so.

Pros and Cons of Bifurcated Divorces

Bifurcated marriages can provide a number of benefits. Vitally, if you’ve searched for “How long does a divorce take?” and been shocked by how much you’ll have to wait, this may be an option. They allow you to move on with your life and remarry, change your name and file your taxes as head of household or single.

There are some drawbacks to these kinds of marriages, too, however. It’s possible for one parent to claim children as their dependents before the parental responsibilities are decided on. This could create conflicts later on when you are attempting to make a decision on custody.

Bifurcated divorces can also take longer, which can mean higher legal fees for both spouses. The lengthier process could put more stress on children, too.

Once the marriage is legally over, spouses may not feel the pressure to address all of the lingering financial and custody issues. That could be problematic and lead to needing further legal assistance, meaning more legal fees and more time spent in negotiations.

How to Apply for a Bifurcated Divorce

To apply with the court, you’ll have to file a petition that states why you want the bifurcated divorce. Some of the most common reasons are that a long divorce would put an emotional or financial strain on one or both spouses, that a spouse wants to remarry, or that you’ve both been separated for a significant time and want to finalize the divorce.

The court will evaluate whether the request is a valid one, and it will issue a ruling. If it grants the request, the court will issue the dissolution judgment, which legally ends the marriage.

Pursuing the Right Divorce Path With Help From Experienced Lawyers

If you and your spouse have decided to end your marriage, knowing that there may be months to wait before being legally free can complicate matters. If there are valid reasons for needing to separate as quickly as possible, the option you have is to pursue a bifurcated divorce.

At ConsumerShield, we can help you find an attorney who can guide you through the divorce process that is most suitable to your needs. We work with lawyers across the country who have the experience and dedication you deserve. Contact our team to learn more about how we can help you find dependable legal representation.