Bifurcation
A legal procedure that splits the divorce into two parts: ending the marriage first while property, custody, and support issues are resolved later.
Understanding Bifurcation
Bifurcation allows a court to grant the divorce (restoring both parties to single status) while remaining issues like asset division, alimony, and custody continue to be litigated. This is useful when one party wants to remarry, when the divorce process is expected to take years due to complex finances, or when tax filing status matters. Not all states allow bifurcation, and there can be risks — such as losing certain benefits tied to marital status (health insurance, Social Security) before the financial settlement is complete.
Real-World Examples
The husband requests bifurcation so the marriage is legally ended while the couple continues negotiating the division of their $5 million business.
State-by-State Variations
California commonly grants bifurcation. Many states do not allow it or impose strict conditions.
Related Terms
The legal term for divorce — the formal ending of a marriage by court order. Some states use this term instead of 'divorce' in their statutes.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
DecreeThe final court order that officially ends a marriage. Also called a divorce decree, final judgment, or judgment of dissolution of marriage.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.