Hundreds of thousands of divorces in the United States are finalized each year. This amount is significant, although divorces have actually been on a downward trend for many years. But regardless of stats and figures, the fact remains that not all marriages last, and divorce is a difficult but necessary decision for thousands of New Jersey residents every year.
Messy divorces can take years to conclude, especially if spouses cannot agree on fundamental issues like child custody and asset division. However, life doesn't go on hold just because of divorce proceedings. Many soon-to-be divorcees find that remaining married hinders some aspects of their lives, while others simply want to dissociate from an ex-partner as soon as possible. That's where bifurcated divorces can help.
If you attain a bifurcated divorce, you can officially declare yourself unmarried when filling out forms or discussing your relationship status with friends or family. The primary difference between bifurcated and routine divorces is that bifurcation allows for a quick dissolution of the marriage, with negotiations and court hearings about important separation details coming later. This type of divorce is fairly rare in New Jersey, but if you believe it can help you improve your situation, the Lento Law Firm can help.
The Lento Law Firm Family Law Team has successfully secured bifurcated divorces for many New Jersey residents, and we can recommend which path to take after hearing more about your situation. Pursuing a bifurcated divorce in no way prevents you from fighting for custody of your children, and our Family Law Team will simultaneously work to end your marriage and craft custody arguments to safeguard your children's future. Call the Lento Law Firm today at 888-535-3686 or contact us through our website to learn more.
What Is Bifurcated Divorce in New Jersey?
As mentioned, bifurcated divorces are simply a type of divorce that allows for the termination of a marriage before other complex issues like child custody, spousal support, and property division are finalized and agreed upon. New Jersey courts can effectively allow you to move forward in your life as a single individual even before you and your ex hash out existing concerns. However, bifurcation of your divorce in New Jersey is not something you can rely upon, and it's not a common way for divorces to end.
New Jersey's Rules of Court permit bifurcations only if:
- The Family Presiding Judge in your case approves
- The approval is based on extraordinary circumstances and for good cause shown
In some cases, both partners mutually agree that bifurcation is the best way forward, particularly if they share a common interest in resolving their marital status quickly. However, even in mutual cases, judges must permit the bifurcation and must be satisfied that extraordinary circumstances exist.
Bifurcation is an exception to the general rule, and as such, you need a good reason to request this form of divorce. After learning more about your case, including details about the health and safety of your children, the Lento Law Firm can recommend whether pursuing a bifurcated divorce and fighting for custody separate from marriage dissolution is the best choice.
When Bifurcated Divorce May Be a Useful Tool
Remember, courts will only grant bifurcation if you can clearly demonstrate a valid reason and need for this unique form of separation. Even a valid reason isn't enough if you can't effectively argue your position and convince a judge to agree with you. The Lento Law Firm can assist in securing a bifurcated divorce to bring you one or more common benefits, including:
- A Timely Dissolution of Marriage: Sometimes, significant life changes require one or both ex-partners to continue their lives legally unmarried. It can be as complex as immigration issues or as simple as deeply held personal beliefs. If a legal separation is much more pressing than specifics of custody arrangements, visitation, or estates, bifurcation could help.
- Simplifying Tremendously Complex Financial Disputes: When spouses jointly own businesses with significant valuations or hold substantial investments, bifurcation once again provides a way for both parties to leave the marriage and negotiate financial specifics in the years or decades to come. Leaving a marriage can also alter tax arrangements and responsibilities.
- Avoiding Delay Tactics: When emotions run high, divorces can become messy or even dangerous. If one spouse is acting in bad faith during proceedings, bifurcation neutralizes their ability to obstruct the legal finalization of the divorce.
Bifurcation is best viewed as a targeted tool rather than a universal solution. While it can address pressing needs, it does not simplify the divorce process as a whole, as important details like custody arrangements are still left unanswered. Before setting your sights on a bifurcated divorce or writing it off entirely, call the Lento Law Firm Family Law Team and learn what we recommend to help you gain custody of your children and succeed in your separation. You never know what options you are missing until you discuss your case with our experienced team of New Jersey family law attorneys.
Impact of Bifurcated Divorce on Child Custody
While bifurcation addresses the legal end of a marriage, it does not inherently determine or drastically influence child custody arrangements. Courts in New Jersey continue to focus on the best interests of the child, regardless of the divorce process. However, bifurcation can indirectly affect how custody is managed and resolved, as well as impact the health and well-being of your kids.
Because bifurcation separates the divorce process into two stages, it's not time to celebrate just yet once you officially leave the marriage. One of the most grueling parts of many divorces—custody disagreements—remains, which can create unique challenges, benefits, and even opportunities.
Potential Benefits of Child Custody
It's worth repeating: bifurcation does not specifically address custody concerns, and you gain no immediate legal benefit through bifurcation. Even if you petition a judge and receive a quick end to your marriage, that same judge can turn around and order an unfavorable custody arrangement that doesn't address all of your concerns. However,
there are some ways it can create an environment that supports better outcomes for children, including:
- Reduction in Marital Conflict: If finalizing a divorce is the only thing that can bring relief and peace to you and your ex, bifurcation may finally allow for fruitful and productive custody negotiations. Ex-partners should ideally communicate through divorce attorneys when emotions get in the way of progress. However, even regarding conversations between attorneys and clients, the lack of a separation can still be a barrier to honest communication.
- Time for Thoughtful Decisions: The closer in time parents are to their divorce proceedings, the harder it often is for them to think clearly. Many parents become cordial and friendly years after their initial split to give their children the best life possible. Separating custody matters from the divorce itself allows parents and courts more time to thoroughly assess what arrangement serves the child's best interests and develop fair plans for all.
In addition to these potential benefits that help clear the air and foster open communication, the circumstances prompting bifurcation, such as concerns over safety, abuse, or an unstable environment, can indirectly influence custody decisions later. These issues would be raised during custody proceedings regardless, as the judge is required to consider factors such as the child's safety and well-being. However, bifurcation may provide an opportunity for a parent to demonstrate their proactive commitment to creating a safe and supportive environment for their children, which can influence the court's final custody determinations.
If child custody is a primary concern—especially as it relates to safety—bifurcated divorce, along with other emergency measures, may be the best option. However, it's important to discuss your options with the Lento Law Firm and give us the opportunity to review your case. We can help you pursue the custody arrangement that is in your children's best interests and helps them thrive as they continue to grow.
Downsides and Challenges in NJ Bifurcated Custody Cases
As bifurcation itself does not offer any direct advantage in custody disputes, it's important to keep in mind how this type of divorce can actually harm your chances of securing the best possible custody arrangement in New Jersey. For example, bifurcated divorce cases may suffer from:
- Delays in Custody Resolutions: While bifurcation can deter an ex from delaying separation, it cannot prevent them from prolonging the finalization of custody agreements. In fact, it may provide bad-faith actors more of an incentive or motive to cause further issues. However, your divorce attorneys can typically work to highlight these delay tactics and return the focus to the best interests of your child.
- Confusion Surrounding Interim Custody Arrangements: It's common for courts to implement some form of temporary custody agreement during bifurcation. Interim custody can create an environment of uncertainty—challenging for both parents and children—and potentially counteract any positive benefits you receive after legally separating.
- Higher Costs and Stress: While routine divorces without bifurcation can still drag on for extended periods, bifurcation is an added legal process that your attorneys must pursue that may take time and effort away from other important aspects of your case, like custody.
Keep in mind New Jersey family courts rarely approve bifurcation. Just as you don't want to be brought into court to argue with your ex ad nauseam, judges prefer to avoid excessive hearings that prolong the court's schedule. This means that successful bifurcated divorces generally have a good reason for existing, and that reason may overshadow these drawbacks completely. Even though bifurcation may be rare and tough to acquire, it can still offer unique opportunities and allow you to refocus on the crucial parts of your divorce, like the future of your children.
The Lento Law Firm understands when and why New Jersey judges will permit bifurcation, and our Family Law Team will advise you on whether going through this process is worth the time and effort. Even if time-sensitive issues are pushing you in the direction of bifurcation, a much simpler alternative is a straightforward divorce that focuses on solving problems instead of emotions. When both sides work together and mutually agree on fair custody arrangements, the divorce process is typically much quicker than you imagine.
The Lento Law Firm Can Support NJ Residents Through Bifurcated Divorces and Child Custody Concerns
At the end of the day, the choice to pursue a bifurcated divorce should not rely solely on concerns about child custody. In fact, since New Jersey courts cannot permit bifurcation without good reason, it's unlikely that bifurcation is the most effective or efficient tool at your disposal. Instead, the Lento Law Firm Family Law Team can focus most of their time and effort on crafting custody arrangements that please the court and put your children's concerns and well-being above all else.
However, bifurcated divorces may still be the best option for your case, even if you expect custody battles in the future. Bifurcation can be particularly helpful in cases involving urgent circumstances such as personal safety concerns, and this can apply to your children as well. The Lento Law Firm can assist in protecting you and your children from harmful home environments, either through bifurcation, emergent hearings, or other time-sensitive tools provided by New Jersey courts.
When children are involved, custody naturally becomes a central focus of any divorce, and our Family Law Team will work with you to protect your kids from harm, no matter the cost.
The Lento Law Firm has represented many New Jersey residents during bifurcated divorces and even more during contentious custody disputes. We can recommend the best legal option for your situation and remain by your side through your complex and often stressful divorce.
Pursuing a bifurcated divorce does not limit you from fighting for custody of your children, and our Family Law Team is eager to assist. Call the Lento Law Firm today at 888-535-3686 or contact us through our website to get started.
