Considering Bifurcation for Your New Jersey Divorce

Bifurcation is Not Easy to Get Approved in New Jersey. Courts Require a Strong Case With Extraordinary Circumstances. Bronzino Law Can Help You Understand if Your Situation Qualifies.

Divorce has always been a complicated matter. Even in simple, amicable divorces in which the parties agree on everything, there are emotions and a history that still complicate the situation. One way to potentially simplify a divorce is to request a bifurcated divorce. However, it is important to understand this type of divorce and why it may not be granted. If you have more questions regarding bifurcated divorces or divorce in general, contact Bronzino Law Firm to speak with a dedicated divorce attorney serving clients throughout the Ocean and Monmouth County, NJ area, such as Toms River, Stafford, Middletown, Sea Girt, Jackson, and many others. Our knowledgeable divorce lawyers can assist you in determining whether bifurcation is right for the case and if it is, we can also prepare the appropriate paperwork and file it with the court.

The Difference Between a Traditional Divorce and a Bifurcated Divorce in New Jersey

In a traditional divorce, the divorcing couple must sort out all of their issues before the divorce is granted and the two spouses become single people again. This means they must either agree on or get a judge to decide on issues such as child support, child custody, parenting time, spousal support, asset division, property valuation, business valuation, and more. If these issues are particularly complex, they can take a lot of time to resolve. In the meantime, the couple is still legally married to each other. This can further impede matters if the parties wish to purchase additional assets or to remarry.

In a bifurcated divorce, terminating the marital relationship is separated from all other issues. The judge ends the marital relationship, declaring the two spouses single, and the rest of the issues are worked out separately. This allows the parties to begin living their new lives as divorced people, including the ability to purchase assets that are clearly separate property and remarry, while continuing to work to resolve the other issues.

Prevalence of Bifurcated Divorces Across the United States

Just as every state has its own laws regarding divorce, some jurisdictions are more willing to allow a bifurcated divorce. States that have a specific law allowing bifurcation include Virginia, New Mexico, Hawaii, Alaska, Indiana, Colorado, and Maryland. Bifurcated divorces are more common in these states because the law brings it to the attention of more divorcing couples.

Legal Requirements for Granting a Bifurcated Divorce in New Jersey

New Jersey case law indicates that bifurcated divorces are allowed in “extraordinary circumstances and for good cause shown.” The law does not specify what those extraordinary circumstances are or what is considered a good cause. Because New Jersey’s law uses somewhat vague terms to define when a bifurcated divorce can be granted, there are no specific legal requirements for the court to grant it. Essentially, when a divorcing couple requests bifurcation, the judge must consider their unique circumstances to determine whether they qualify as “extraordinary” and whether they have shown good cause to back up the circumstances.

This can make requesting a bifurcated divorce perplexing because the parties do not know if their circumstances qualify and if they can show good cause. However, it also leaves it open to interpretation which means a skilled attorney may be able to argue a case and persuade a judge that a couple’s circumstances do qualify for bifurcation.

While there is no specification of what extraordinary circumstances and good cause are, because of case law precedents, it is possible to identify circumstances that have qualified in the past. These include infidelity, domestic violence, tax implications, a desire by one or both spouses to remarry, complicated financial issues, or evidence that one spouse would or is using delay tactics to drag the divorce out.

Process of a Bifurcated Divorce in NJ

The steps to obtain a bifurcated divorce are very similar to those for obtaining a traditional divorce. First, one spouse must file for divorce. Once the complaint has been filed, the other spouse has been served, and the case is assigned to a judge, one or both parties can request that the divorce be bifurcated. The judge will then consider the request and either approve or deny it. If it is denied, the divorce continues as usual for a traditional divorce.

If the request is approved, then there are two or more hearings. The first is where the judge will grant the divorce, terminating the marital relationship between the two spouses. The second and any subsequent hearings are to resolve the other issues. Alternatively, after the bifurcation is approved and the marital relationship severed, the couple may use alternative dispute resolution (ADR) such as mediation or arbitration to resolve some or all of the other issues.

Should You Consider Bifurcating Your NJ Divorce Case?

There are several potential benefits of pursuing a bifurcated divorce. The first is that it allows both parties to end the marital relationship and move on with their lives. They can emotionally, financially, and physically begin their new life as a single person. This can be particularly beneficial for spouses who were victims of infidelity or domestic violence who may find it increasingly painful to remain married while working out other issues.

Other potential benefits include allowing ample time for resolving complicated matters such as child custody or support or complex financial matters. Neither party will feel pressured to agree to something they do not want solely to finalize the divorce and be single again. However, this can also become a drawback, with one or both parties feeling no urgency to wrap up the remaining issues.

Additionally, it can protect each individual financially, such as allowing them to purchase a new home or other asset without attempting to determine if it would be considered a marital asset. If bankruptcy is a consideration, bifurcation can allow the couple to move forward with being declared single while bankruptcy proceedings take months or years to resolve. Finally, in some cases, isolating the disputed issues may save time and money for both parties.

Why NOT to Bifurcate Your Divorce in NJ

New Jersey is conservative in granting bifurcated divorces. While there are many possible benefits, some spouses will use a bifurcated divorce to delay dealing with the other issues. Additionally, once the couple is declared single, they no longer have the same incentive to resolve those other issues. Bifurcation can also be more time-consuming for the court with an already busy schedule.

Seek Counsel from the Legal Team at Bronzino Law Firm for Your Bifurcated Divorce Case in New Jersey

Divorce is complicated. Bifurcation can simplify it in many ways but often comes with its own complications. Hiring legal counsel is important when requesting bifurcation because an experienced attorney such as those on our team at Bronzino Law Firm are more familiar with the complexity of these cases, including the requirement for extraordinary circumstances. Experienced divorce lawyer and firm founder Peter J. Bronzino, Esq. can help you determine whether your case qualifies for bifurcated divorce, guide you through the process, and assist you in determining whether ADR options might be a suitable option for resolving the other issues in your bifurcated divorce.

Call (732) 812-3102 today to get more information about the process and whether a bifurcated divorce is right for your circumstances. We provide consultations confidentially and at no cost. We help clients like you in the greater Monmouth and Ocean County region, including in Lavallette, Monmouth Beach, Rumson, Manasquan, Middletown, Red Bank, Brick, Point Pleasant, Toms River, and Colts Neck. You can reach us by dialing (732) 812-3102 or sending us a message to get started.