If you are involved in the divorce process, you have probably not yet heard of something known as “bifurcation.” In divorce terms, this means that a judge is able to grant a divorce before an agreement on all outstanding issues has been reached. If certain conditions are met in California, a couple may be eligible for bifurcation. This type of case is usually brought forth because one party wants to get married before other issues are taken care of, such as child custody, visitation, and support matters. When a bifurcation is granted, the parties will be able to remarry and also be provided with additional time to resolve whatever divorce issues are left in the matter.
Why Do Many Couples Choose Bifurcation?
Many couples may believe that bifurcation may be right for them because they will be able to remarry sooner – if this is something that was adding extra weight to their shoulders, they can now feel as if this weight has been lifted and that there are no limitations on their life due to the divorce. Divorce is a process that could take years; meanwhile, a bifurcation in many states only takes six months. Bifurcation could also help a couple in their time of need when they are dividing property. Seeking a bifurcation can tell a couple whether or not their property is marriage or pre-marriage property and what they should do about it.
What Are Some of the Greatest Advantages Aside From Marriage?
There may be tax advantages to a bifurcation. Perhaps one party would benefit from filing a tax return as a single person, in which case bifurcation may be best for them. According to the IRS, if your divorce was granted by the last day of the calendar year, you are allowed to file as a single person. It may also help somebody dealing with support payments, as these payments are 100% tax deductible if you file as a single person. You may also avoid having to share tax deductions if your bifurcation is handled properly.
You may be able to bargain on a more serious level. If there is no reason not to grant a bifurcation, then the courts of California must allow it. This means that couples will be able to solve all issues before they become super expensive and drawn out. Take for example, a situation where a man knows that his wife wants to get remarried but chooses to disagree with her on divorce issues to prolong the process. If bifurcation is granted, then the wife will be able to get remarried before these issues are resolved, which means they will not be held over her head.
What Happens if I Decide That Bifurcation is For Me?
If you believe that a California bifurcation is a good direction to turn in your case, you should always speak to an attorney first. Legal documents must be filed and you must understand that there may be some restrictions in place that may affect the process. For instance, you must ask yourself if both parties agree because this is typically needed for you to go forth. If there are arguments of any sort over property division or other issues, the court may not grant the bifurcation. This is why it is a good idea to have an attorney on your side with the necessary experience for the job. Call The Law Offices of Amy M. Montes today for more information about bifurcation and what divorce process may be right for you.
