What is a Bifurcated Divorce?
A bifurcated divorce offers a unique approach to ending a marriage by separating the divorce itself from other related issues. At Alves Law’s divorce practice, we help clients understand whether this option might suit their specific circumstances.
A bifurcated divorce splits the legal process into two distinct parts: the divorce judgment itself and the resolution of other marital issues. This is typically referred to as “severing the divorce” from the rest of the marital issues. This approach can provide certain advantages in complex cases, though it’s important to understand both its benefits and potential drawbacks.
How Does It Differ from a Standard Divorce
Unlike a traditional divorce where all issues are resolved before finalization, severing the divorce creates two separate legal tracks. As explained in our guide about how long divorce takes in Ontario, this can affect overall timelines significantly.
Key Differences:
- Marital status resolved separately
- Property division handled independently
- Support issues addressed later
- Different timeline considerations
- Separate court proceedings possible
How the Bifurcation Process Works
The divorce process in a bifurcated case follows a specific sequence:
Initial Steps:
- Filing for divorce
- Requesting bifurcation
- Court approval
- Status determination
- Ongoing issue resolution
Benefits of Bifurcation:
- Faster marital status resolution
- Flexibility in handling complex issues
- Ability to remarry sooner
- Separated tax considerations
- Independent issue resolution
When Is Bifurcation Used in Divorce?
Common Reasons for Bifurcated Divorce
Understanding when bifurcation might be appropriate helps in making an informed decision. Our experience with contested divorce timelines shows several common scenarios:
- Complex property division
- Business valuation needs
- Pension splitting issues
- International assets
- Tax timing considerations
- Ongoing disagreements which prevent resolution of other issues, including parenting
Wanting to Remarry Before Final Settlement
When remarriage is a priority, bifurcation can offer advantages. However, as discussed in our article about whether to contest a divorce, careful consideration is needed.
Important Considerations:
- Legal implications
- Financial impact
- Timeline expectations
- Future obligations
- Court requirements
Legal Steps in a Bifurcated Divorce
Filing a Motion to Bifurcate
The process requires specific legal procedures and documentation:
Required Elements:
- Originating Processed filed and served
- Formal court motion
- Supporting documentation
- Reasonable cause
- Procedural compliance
- Notice to other party
Filing Process:
- Prepare motion documents
- Submit to court
- Serve other party
- Await response
- Schedule hearing
What Happens at Court Hearings
Court proceedings for bifurcation involve several key components:
Hearing Elements:
- Presenting arguments
- Evidence submission
- Judicial questioning
- Opposition response
- Court determination
Preparation Requirements:
- Document organization
- Preparing affidavit evidence (there is rarely oral evidence in this type of motion)
- Legal arguments
- Financial documentation
- Timeline evidence
Bifurcation and Child-Related Issues
When children are involved, bifurcation requires additional considerations:
Priority Concerns:
- Parenting arrangements
- Support obligations
- Decision making allocation
Long-term Planning:
- Stable living arrangements
- Financial support structure
- Communication protocols
- Decision-making processes
- Modification procedures
Making an Informed Decision
Weighing Your Options
Before pursuing bifurcation, consider these factors:
Advantages:
- Faster marital status resolution
- Independent issue handling
- Flexible timeline management
- Separate financial considerations
- Remarriage possibility
Potential Challenges:
- Increased complexity
- Multiple court proceedings
- Additional legal costs
- Extended resolution time
- Coordination requirements
Getting Professional Help
The complexity of a bifurcated divorce makes professional legal guidance essential. At Alves Law, we’re here to help you navigate your specific situation, explore available options, develop a strategic plan, set realistic timeline expectations, and understand the associated costs. Contact Alves Law today.
