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What Is a Bifurcated Divorce?
To bifurcate means to split something into two parts. A bifurcated divorce divides the dissolution of the marriage from other issues related to the divorce, including property division, child custody, and alimony.
Some states do not recognize bifurcated divorce. Other states have laws that approve bifurcation in divorce cases. Florida does not have a law on the books for bifurcated divorces, but it is possible to bifurcate a divorce in some circumstances, nonetheless.
What Happens if I Choose a Bifurcated Divorce in Orlando, FL?
A bifurcated divorce speeds up the legal end of your marriage. If you and your spouse agree that your marriage is over, you can request that the court grant a dissolution of marriage while the other issues are still pending.
Since Florida is a no-fault divorce state, neither spouse needs to worry about proving fault. The couple can state that the marriage is irretrievably broken; doing so is sufficient for a family court judge to grant a dissolution of marriage.
Why Would a Couple Want To Obtain a Bifurcated Divorce in Florida?
Celebrities and high-net-worth couples often use bifurcation. They want to end the marriage but have incredibly complicated issues that could take months or years to resolve. A quick divorce settlement is simply not possible in their case.
However, bifurcated divorces are not only used by wealthy or famous individuals. There are many reasons why a couple would want a bifurcated divorce, including:
- The freedom to move on with their lives free from the emotional attachment to a spouse when the marriage relationship is over.
- The ability to remarry because the marriage has ended.
- Removing the ability for a spouse to delay the divorce for leverage or out of spite.
- Ensuring there is sufficient time to work out complicated divorce terms without remaining legally tied to someone.
- Becoming single without giving up any rights to property division, custody, or alimony.
- Ability to disinherit a spouse now instead of waiting until all issues in the divorce case are resolved.
- Allowing one or both spouses to seek bankruptcy relief as a single person.
There could be other reasons a person or couple would want to bifurcate their divorce proceedings. However, there are some significant drawbacks to a bifurcated divorce that you must consider.
The cost of a bifurcated divorce can be much higher than a traditional divorce proceeding. The attorney’s fees could be much more expensive for a bifurcated divorce. However, the advantages can outweigh the cost in some cases.
How Can an Experienced Orlando Bifurcated Divorce Lawyer Help You?
As with other divorce proceedings, hiring an experienced Orlando bifurcated divorce attorney has many advantages. An attorney can:
- Evaluate your situation to determine all legal options for your divorce.
- Explain Florida divorce laws and how those laws apply in your case.
- Be sensitive to your and your children’s emotional needs during the divorce.
- Provide honest advice about the difficulties that could arise in a bifurcated divorce proceeding.
- Develop a strategy for achieving your desired outcome.
- Provide support and guidance during all phases of a bifurcated divorce, including settlement negotiations and trial.
- Work with you to protect your children’s best interests.
- Aggressively fight for your rights during hearings and at trial.
If you want to explore your options for a bifurcated divorce in Florida, the first step is to schedule an initial consultation with an Orlando divorce lawyer. You need answers to your questions and sound legal advice to decide which divorce option is best for you.
What Are the Steps in a Traditional Divorce Case in Florida?
Florida has streamlined the dissolution of marriage for many couples. You can file for a simplified dissolution of marriage and obtain a divorce in a few months. Couples who meet the following requirements can use the simplified process of obtaining a divorce:
- The couple agrees their marriage is irretrievably broken and cannot be saved.
- The spouses have no minor or dependent children together.
- The wife is not pregnant and did not give birth during the marriage.
- The couple has agreed on how they will divide their property and debts.
- The parties agree to waive spousal support.
- The couple gives up their right to a trial and appeal.
- The spouses are willing to go to the clerk’s office to sign the paperwork.
- Both spouses are willing to appear at a final hearing together.
Even if you do not meet the criteria for a simplified dissolution of marriage, you and your spouse can petition for an uncontested divorce. In an uncontested divorce, the parties agree on all terms of the divorce.
They submit a proposed divorce settlement agreement for the judge to consider. An uncontested divorce is much less costly and time-consuming than litigating divorce terms. However, litigation cannot be avoided in all divorces.
The first step in deciding what to do if you want a divorce is talking with an Orlando family law attorney.
Contact Our Divorce Law Firm in Orlando, FL
Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.
McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803