Law

What Is a Bifurcated Divorce?

The divorce proceeding between Angelina Jolie and Brad Pitt has been going on for close to two and a half years at this point, and it shows no indications of coming to an end. Both of the people going through the divorce are weary of the process and want it to be over as soon as it is physically possible. Even if the celebs can’t agree on who should have primary custody of their children, they do have something else in common in addition to their responsibilities as parents: they are all married. There is a potential loss of $400 million in wealth, the bulk of which is held in the form of real estate. In addition to this, it does not foster teamwork very well. Additionally, the exes co-own and operate a business together. Both Pitt and Jolie have the financial means to retain counsel and stretch out their legal dispute over a number of years, but it seems that they have other concerns on their minds. In the eyes of the law, Angelina and Brad are still presumed to be married, despite the fact that they have only been dating for a short period of time. The inventive individuals came to the conclusion that the best course of action would be to separate and divorce as soon as was practically possible. 

In terms of the law, Pitt and Jolie would want the court to prioritize the process of getting them divorced before anything else. This problem may be handled more rapidly if the trial is “bifurcation marriage,” which means “divided into two halves, divisible divorce.» Before addressing any other issues, such as the division of property or custody of the children, the judge will determine the couple’s marital status. From the perspective of the law, Angelina and Brad will no longer be married, but they will still have to go to court to address any lingering legal concerns that may arise from their former marriage.

Even though “they will both be recognized divorced and single,” according to the sources, they will still be required to negotiate a final court order about topics such as the partition of their property and who will have custody of their children. They have decided that they do not want to continue living together as husband and wife and instead prefer to seek relationships with other people.

WHAT IS BIFURCATION?

A judge has the ability to split a trial into two halves or bifurcates, if they want to decide on a number of interconnected issues in two different hearings. In civil processes, the questions of liability and the number of damages are often examined in a manner that is distinct from one another. Even in the most serious of criminal cases, the processes of entering a plea and being sentenced are often handled separately. 

In certain jurisdictions, even the online divorce in Michigan may be bifurcated, which means that the divorce can be finalized even while the subject of how to split items like property can remain unresolved. In certain regions, bifurcation is permitted while in others it is not, while the laws of some other states make no mention of the practice at all.

WHAT IS BIFURCATION IN DIVORCE?

A marriage does not simply cease with the granting of a divorce. The majority of the time, spouses must also work out how to fairly split their joint property and obligations, come to an agreement over child custody and maintenance, and determine whether or not they will need alimony (also known as spousal support). It is impossible to finalize a divorce until all of these questions have been answered, and depending on the specifics of the situation, the process might take years.

But what does bifurcated mean in the context of divorce? While the other problems in the divorce are still being worked out, bifurcation allows the divorcing couple to resume their single status. Bifurcate is synonymous with split and divide in the divorce question. Therefore, a bifurcation in a divorce case divides the marital status problem from other divorce issues such as child custody, visitation rights, financial support, and property distribution. The sole result of a bifurcation is the end of the marriage, at which point both partners are single once again.

WHY DO PEOPLE CHOOSE THE BIFURCATION?

Many individuals, for a variety of different reasons, decide to formally divorce their marriages. These plans may provide benefits for either one or both couples. Before you ask for a bifurcation, you should first consider the pros and drawbacks of the situation. If any of the following descriptions of your life are accurate, you should seriously consider filing for divorce:

  1. You want to avoid having to pay the marriage tax, so you decide to file your taxes as a “Bachelor” or a “Head of Household” rather than as a “Married Filing Separately” married taxpayer.
  2. It’s been a long time since your divorce was finalized, and you still have questions about child custody, visitation, support, and other matters that may be of interest to you. If you’re having these issues, filing for divorce probably won’t help, but it will put you back in the single category.
  3. Either you or your current partner are interested in finding a new spouse and starting a family with them. Those individuals who, although having been divorced, continue to be legally wedded to their former spouses are not eligible to enter into legitimate marriages with other individuals. A bifurcation is necessary for either of you to get into a new marriage following the conclusion of your divorce.

WHAT ARE THE DISADVANTAGES?

Getting divorced too soon may often have unforeseen consequences. For example, according to federal law, a marriage must be at least ten years old for either spouse to be eligible for Social Security benefits based on the seniority of the other spouse. In the case that a tax lien is placed on your property, further financial repercussions may occur depending on the behavior of your spouse and/or how the situation is handled with your children.

SEPARATION BY STATE PROCEDURE

There is a wide variety of organizational structures that governments might take. 

In certain jurisdictions, the insanity defense presented by a defendant has the potential to result in a trial consisting of two phases. At this stage of the proceedings, both the prosecution and the defense have the chance to present evidence and testimony to either establish or disprove the defendant’s guilt. The question of whether or not the defendant is mentally competent becomes relevant in the event of a guilty conviction.

FINAL THOUGHTS

“This is my destiny,” many people think, so they don’t bother changing it. This stance represents psychological indifference, apathy for one’s own life, and an incapacity to make choices. Emotionally immature individuals often say things like “I don’t want to pick anything, let everything be as it is.” At this crucial juncture in history, inaction, indifference, and the desire to postpone making decisions may have serious consequences. Standing strong, accepting adult responsibility, and learning to choose are all necessary survival skills in a time of crisis. It’s time to decide on who you’ll trust to be there for you in the next years since it’s not individuals but teams and communities that fare best. A man and a woman making a family is the most basic social unit.

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