This pamphlet provides an overview of bifurcation. Topics included cover the uses of bifurcation in divorce, other civil, and criminal trials, along with the purposes and advantages of bifurcation.
Illinois USLegal Pamphlet on Bifurcation
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FAQ
In a marriage of under 5 years, maintenance payments last for 20% of the marriage's length. For a 9-10 year marriage, alimony payments last 40% of the marriage's length. 20+ years of marriage means alimony will either last the marriage's length or indefinitely.
The spouse seeking to bifurcate the divorce proceeding must petition the court after the six-month waiting period ends. Before the court grants a motion for bifurcation, the petitioning party must file a preliminary Declaration of Disclosure with the court.
In a divorce or separation, the court can grant alimony to the party seeking maintenance. To calculate monthly alimony payments, use this equation: (33.3% of the payer's monthly net income) ? (25% of the receiver's monthly net income) = the amount paid per month.
Under the law of Illinois, no party is required to leave the family home while the divorce is still underway. In other words, your spouse does not have the right to force you to move out.
Each spouse is entitled to a fair share of the couple's marital estate taking into account factors such as the duration of the marriage, financial and non-financial contributions, access to separate assets, child custody responsibilities, and post-divorce economic circumstances.
Illinois courts, therefore, have the discretion to split?or bifurcate?a divorce into separate proceedings if the judge finds there are ?appropriate circumstances.? With bifurcation, a court can immediately divorce the parties while reserving other issues until a later date.
Illinois is an equitable division state, so marital property does not have to be split evenly. Marital property is property owned by both parties. This type of property is split during the property division phase of a divorce.
However, if your spouse argues against your request to bifurcate with a compelling argument, the court will more than likely deny your petition to bifurcate.
