Bifurcation means that both parties can be legally declared as a single person while their other issues are being worked out. For example, Kelly Clarkson recently filed a motion for bifurcation. According to an article published in Vanity Fair, her filing stated: “Irreconcilable differences have existed and continue to exist…I have been attempting to reach a global settlement on this matter…since I filed in divorce in June 2020…and I deserve the opportunity to build a new life. Therefore, I am asking that my request to bifurcate and terminate marital status be granted.” (See https://www.vanityfair.com/style/2021/07/kelly-clarkson-request-legally-single-brandon-blackstock-divorce-no-intention-settling)
This article will explain what bifurcation is, how it works, and why it might be something you want to discuss with your attorney:
- Can bifurcation shorten the California six month waiting period for divorce?
No, bifurcation is not a way to avoid the waiting period requirement. However, a motion can be filed immediately after the waiting period has elapsed.
- How does bifurcation effect child custody, visitation, and financial issues?
Bifurcation does not affect things such as child custody, visitation, child support, alimony or other issues that may be difficult to resolve in the divorce. The bifurcation will deal only with the issue of marital status and the other issues must be addressed later.
- Why does bifurcation make sense for some couples?
A very common reason for bifurcation is that one person wants to marry again, so they need their legal status to be single. There may be other reasons for bifurcation. For some, there is an emotional release to changing the legal status. For others, a bifurcation may facilitate advantages for tax purposes, so that the parties may file as single.
2. What issues might want to be considered relating to bifurcation?
Medical insurance is an issue that needs to be considered in bifurcation. Will the spouse that maintains the insurance continue to cover the other spouse, and if not, then the spouse who requests the bifurcation may need to pay for insurance that is comparable or cover the medical bills. Pension plans and death benefits need to be considered as well as tax consequences.
3. Where can I find an attorney who can help me decide whether bifurcation is right for me?
An experienced attorney can help make the divorce process easier for you and help you make important decisions on issues such as bifurcation. At the Law Office of David Knecht, at 707-451-4502, we have extensive experience in divorce in California and can help you decide whether bifurcation is the right decision for you.
