A Complete Guide to Bifurcated Divorce in New Jersey

NJ Bifurcated Divorce: Should You End Marriage Now, Deal with Reserved Issues Later?

There are very few cases in which divorce is a cut and dry affair. Even spouses who get along face the challenging realities of equitably dividing their assets and debts, determining spousal support, agreeing on a child custody arrangement that is in the best interests of their children and fits their evolving needs, and addressing the countless little details involved in dissolving a marriage and a life together. In some extraordinary circumstances, it is important that the marital union be legally terminated immediately, before the specifics of the separation agreement are hashed out. When this happens, it is called a bifurcated divorce. Contrary to a traditional divorce proceeding, during which all elements of the divorce are finalized before the marriage is legally terminated, a bifurcated divorce expedites the legal dissolution of the marriage and reserves the myriad details of the arrangement for a later proceeding. The New Jersey Superior Court: Family Part, which handles divorces, is conservative when it comes to bifurcated divorce agreements, granting them only in limited circumstances.

If you would like to pursue a bifurcated divorce and don’t know if your case meets New Jersey requirements for the process, a divorce attorney at The Montanari Law Group, would be happy to sit down with you free of charge to discuss your circumstances to determine the best path of action. Contact us today at (973) 233-4396. Below is more information on bifurcated divorce, so you can consider the benefits, drawbacks, and how to determine if it may be a correct avenue for your case.

What Are the Circumstances in Which New Jersey Law Permits a Marriage Dissolution Proceeding to Be Bifurcated?

As noted, New Jersey grants bifurcated divorces only in limited circumstances. This is because it taxes an already overburdened judicial system by drawing out the divorce process requiring judicial oversight. However, there are cases in which a bifurcated divorce is called for and may be granted by the Family Part court. Examples include cases of domestic violence, adultery, highly complex financial circumstances that promise a lengthy settlement process, situations in which tax implications may apply, and one partner’s desire to remarry. The court ultimately determines on a case-by-case basis whether its circumstances warrant a bifurcated divorce proceeding.

Steps for Obtaining a Bifurcated Divorce in NJ

In order to request a bifurcated divorce, one spouse will need to file a motion providing grounds for the request. The court will review the evidence to determine whether to legally terminate the union. If a New Jersey Family Part judge grants bifurcation and dissolves the union, it is up to the couple to continue with the details of the settlement, including asset division, child custody, and spousal support once their divorce is already finalized.

Upsides and Downsides of Bifurcating Your NJ Divorce

There are many potential benefits to expediting the legal termination of a marriage. A partner can get out of an abusive marriage, obtain supportive tax breaks as a single person, or remarry, for example. There are also some glaring potential detriments to bifurcating a divorce. After a marriage is legally dissolved, one party may lose impetus to settle the divorce’s finer points, drawing out the process and potentially costing both parties much more in legal fees and court costs.

Contact the Montanari Law Group for Help if You Are Looking to Obtain a Bifurcated Divorce in NJ

Legal counsel is of utmost importance in a bifurcated divorce case, from start to finish. First, a family law attorney will help you prepare a motion providing clear evidence of grounds for the bifurcated divorce process to be approved. Because New Jersey law severely limits the types of cases for which bifurcated divorce will be granted, it is important to present a strong case for eligibility. This is the work of a skilled family lawyer that must not be undervalued. Once your motion for bifurcated divorce is approved and the marriage legally terminated, your family law attorney will work to ensure that the process to settle divorce agreement elements such as equitable asset division, child custody arrangements, and alimony payment do not stall out. If a settlement cannot be reached, your divorce attorney will represent you in litigation.

The lawyers at The Montanari Law Group have earned a reputation for excellence in divorce representation across Kearny, Wayne, Montclair, West Orange, Elmwood Park, Haledon, and or other Passaic County, Essex County, Bergen County, and North New Jersey areas. We have a team providing the counsel you want on your side when it comes to divorce, bifurcated or otherwise. Contact us at (973) 233-4396  for a free and confidential consultation to discuss whether a bifurcated divorce may be right for you.