While it sounds like it could be a divorcing soda or a divorce de-shedding service, rest assured it's actually a sexy divorce trend!  Celebrities, as well as, everyday couples seek a bifurcated divorce every year!  But it's more than a simple trend in the legal world and certainly not an option for every divorce. Get the details and find out of it is right for you!

Let's split "it" up into two parts

In this case, "it" refers to bifurcated divorce.  A couple would essentially be granted the legal dissolution of marriage prior to the division of marital assets, debts and other terms associated with the divorce.   These unresolved issues may include the entirety or portion of terms in the parenting agreement and/or terms associated with spousal support (maintenance) and/or property and debt allocation.

Sounds simple right?  Well, not so much.  But, it may be the right move for some couples. 

10 Fast Facts of Bifurcating are at the end of this article.  But do yourself a favor and read the entire article including more details about many of those facts to determine if you need to further discuss this type of divorce with your attorney.

How long does it typically take following a "Motion to Bifurcate"?

Divorce laws vary from stat-to-state.  However, in most cases a couple who both agree to bifurcate can legally divorce in 4-8 months.  However, this would only conclude the first phase of a bifurcated divorce (aka "status only divorce).  The unsettled terms would be established at a later date.

Some states require a period of time (e.g. 6 months) before a Final Judgement of Dissolution (Divorce Decree) can be obtained regardless if the bifurcation was completed before that time period.

Why seek a bifurcated divorce?

There are numerous reasons to seek a bifurcated divorce.  We listed several for you to consider,

Stress

Legally ending a problematic marriage can be a significant reduction of stress.  But when a couple learns a typical divorce takes approximately one year to complete, the stress of being married to the other party of a lawsuit for the next year may increase.  When both spouses agree to bifurcating your marital status the time it takes to complete the bifurcated divorce is based on the court docket (in most cases/states).  Bifurcating is not necessarily faster than one year, but the decision to do so is often times for those who run into stressful stumbling blocks whereas legal experts anticipate complications that may present more stress or time to complete than typical.

High profile

Celebrities, high asset couples, privacy seekers are examples of those who may benefit from bifurcating.  One reason may provide individuals to draw attention away from the meat and potatoes of the divorce once the general public recognizes the couple's marriage is legally over.  Giving them the opportunity to resolve the more delicate financial matters at a later date.  This is ideal for individuals like celebrities or those who stand to lose financially through a damaged social status following a complex and aggressive divorce.

Since divorce is typically done within the county where one or both spouses reside, high asset couples' or those who wish to project such an image may prefer the portion of their divorce that resolves such matters get handled at a later date.  Much like a celebrity, this would provide a cooling off period in the community so that the matters, while still part of public record, more private to them get handled at a different time and therefore less focused on.

Privacy seekers may find arbitration as a better means to maintain privacy in matters associated with their divorce, completing the complicated matters at a later date once the news of divorce has worn off in the public eye may be extremely beneficial.

Name change

Many women find it difficult to keep the name of someone who they are divorcing.  Once the bifurcation is completed, women can change their name.

Move forward

One of the most obvious and perhaps scandalous reasons to seek this type of divorce is so that one or both spouses can move forward in a new physical relationship, particularly to remarry.  Once the first part of the divorce is completed, both spouses can remarry prior to the satisfaction of all terms of the divorce.

It's important to note that many states do not consider physical relations while separated as adultery.  However, there are too many issues, variance in laws, statutes and regulations particularly as they apply to each spouse to establish whether a physical relationship while separated could affect the outcome of a settlement.  This uncertainty further begs the question as how to best proceed with a physical relationship on the cusp of divorce.

The most common element in both scenarios (separation and bifurcation) that I have come across as a mediator is how a new marriage following bifurcation or a physical relationship between one spouse and another individual, negatively affects the negotiations between the two parties to the divorce suit.  These same couples who were unable to come to agreement also found the judge's application of the law to their circumstances, specifically regarding household income of spouse's living with- or married to other people, heavily weighted in the favor of those who remained in a single household (not remarried or co-habitating with someone who shared household expenses).

Is this scenario going to be the same for you? 

Who knows!?  It's just something to consider as a common issue in either of these circumstances and is a great talking point with a local legal advisor when considering your options to separate or bifurcate until the entire terms of your divorce are established.

Negotiate a lawsuit rather than the end of your marriage

Relief from marital obligation is two fold.  Not only can it remove emotional ties from the other party of a lawsuit for whom you have shared the same bed, home and love, but it can also provide a clearer picture of the future as a single individual.  This generally makes it easier to negotiate as a party to a suit rather than a spouse.

Remove marital obligation

Regardless of the specific terms of a divorce, once you complete the first part of the two part bifurcation, the couple is no longer married and therefore insurance, taxes and any other good or bad aspect of being legally married may be in question.  In some states, the spouse who requests the early termination of the marital status, prior to property distribution, must provide numerous warranties and assurances to the other spouse regarding these issues.

In other states, removal of a spouse's marital status may mean insurance, taxes and any good or bad aspect of said status change may remain inline as single individuals with no warranties or assurances of married status to either spouse.

10 Fast Facts of Bifurcating

1. Bifurcating is not allowed in all states (contact a local attorney, preferably one who has experience with the civil or family courts where your divorce is filed, to determine if bifurcation is legal in your state)
2. Most states' divorce laws demonstrate a disliking to bifurcation outside of extreme circumstances
3. Some states only allow bifurcating following one spouse filing a motion for bifurcation even if it's not codified in statute
4. Common reasons include, long-term separation, remarriage, significant emotional and financial hardship on one or both parties
5. Depending on the length of the marriage, the specific, early termination of a marriage thru bifurcation may affect a claim on one spouse's Social Security record whereas a delay in divorce until all terms are settled may benefit the other spouse
6. Bifurcating can be expensive and the terms as such may take longer to establish 
7. The desire to conclude the divorce on the basis of remaining married until all terms are established has been known to favor one spouse or the other depending on who desires the "end of the marriage" in order to move forward the most
8. You can remarry following the first of two stages of divorce when bifurcating
9. A bifurcated divorce (also known as "status only divorce") means to separate the divorce into two stages (legally changing each spouses married status to single - ending the marriage and establishing terms to include but not limited to child custody, support, maintenance and allocation of debts and assets.
10. Bifurcating has numerous affects on obligations from one spouse to the other and is specific to the laws in the state where the divorce is established - some of those issues affected may include, social security benefits, insurance benefits, tax liability, retirement benefits, survivor or deferred compensation benefits, the right to a probate homestead in the residence in which the other party resides when the status only bifurcation is granted and/or (ii) the right to a surviving spouse probate family allowance, inheritance, and liability associated with division of community property and debts, etc.