When a marriage is beyond repair, couples often seek to finalize their divorce swiftly. One strategy to achieve this is a bifurcated divorce, which legally erminates the marriage before addressing ancillary issues. This approach is typically only granted in limited circumstances. The following blog addresses the circumstances under which courts may approve bifurcation and the importance of hiring our experienced Middlesex County Divorce Lawyers to guide you through this complex process.
How Does a Bifurcated Divorce Work?
A bifurcated divorce constitutes a distinct alternative to traditional litigation that certain couples may elect to pursue. The dissolution process is divided into two distinct phases: the legal consultation of the civil union and the subsequent resolution of related issues, such as spousal support, child custody, property division, and child support. These arrangements facilitate the formal termination of the marriage prior to the settlement of all pending divorce issues. This method is frequently selected by couples as it enables them to proceed with their lives while concurrently resolving the remaining legal issues associated with their separation.
A primary motivation for individuals to seek bifurcation is to remarry without delay, rather than awaiting the court’s resolution of ancillary legal matters. Although this process may be attractive to some couples, there are several drawbacks. The process can become contentious due to an increase in hearings and paperwork. This type of divorce can also diminish the impetus to finalize the split.
What is New Jersey’s Stance on Bifurcation?
While New Jersey permits bifurcation of a divorce, it’s not favored by the court. A bifurcated divorce is only granted under extraordinary circumstances and with good cause shown. Bifurcation may be justified if one party wishes to remarry expeditiously or if there are substantial delays in resolving other matters. However, the presiding judge has the discretion to decide whether or not to grant this type of divorce.
If concerns arise regarding the duration of a divorce case, various alternatives to a bifurcated divorce exist. An uncontested divorce can expedite the proceedings more effectively than a contested divorce, where spouses disagree on substantive issues. A qualified legal professional may facilitate a settlement.
Mediation and arbitration represent alternative dispute resolution (ADR) methods that can also accelerate the divorce process. Employing these alternative approaches to resolve disputes eliminates the need to await a judge’s availability for a trial.
Those contemplating divorce in New Jersey, yet concerned about the duration and procedural complexities of such an undertaking, can benefit from consulting with an experienced divorce attorney. At Arndt & Sutak, LLC, we are prepared to elucidate available legal avenues and determine whether bifurcated divorce represents the best course of action given the unique circumstances of your case.
