North Carolina Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

How do you get a divorce in NC without waiting a year? The state of North Carolina requires couples to have been separated for one year before getting a divorce. While there can be exceptions to this requirement based on extenuating circumstances, there is no way to avoid this one year waiting period.

Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.

The word bifurcate is synonymous with the words ?split? and ?divide.? Thus, a bifurcation in a divorce case takes the issue of marital status and splits it from all of the other divorce issues, such as the issues of spousal support, child custody and visitation, child support, and property division.

Some of the benefits from bifurcation include: You can file tax returns as ?Single? or ?Head of Household? instead of ?Married Filing Separately.? You can remarry; Women can change their name.

Disadvantages. Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.

Reasons for Requesting a Bifurcated Divorce Some individuals might want a bifurcated divorce because they want to get married to someone as soon as possible. They could be expecting a child with that person. Other people might want to date other people and tell the people they date they are legally divorced.

California's Family Code allows divorcing parties to begin their new lives sooner by requesting bifurcation, which essentially means to split something. Through this process, a judge can grant a divorce by treating it as a separate matter from custody and property division.

For those hoping to get divorced sooner, there is something called a Motion for Bifurcation, which asks that the court terminate a marriage and restore each spouse to their single status. In some situations, the judge may order a trial be bifurcated or that a particular issue within the case be tried separately.

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North Carolina Joint Petition for Bifurcated Divorce