Pennsylvania USLegal Pamphlet on Bifurcation

State:
Multi-State
Control #:
US-PMPH-20
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

A bifurcated divorce essentially grants the dissolution of the marriage before the other aspects of the divorce are resolved. This will allow the spouse who wishes to remarry to do so without any legal obligations to their former spouse.

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.

A bifurcated divorce is a process where the divorce decree is granted before the economic issues associated with the divorce are resolved. Regular or simple divorce cases are generally best resolved all at once. But complex economic issues in a divorce can sometimes take years to resolve.

§3301(d) of the Divorce Code, the parties separated after December 5, 2016, and the parties will have lived separate and apart for a period of at least one (1) year at the time of hearing of this matter and /or at the time that the Plaintiff will file an Affidavit under 23 Pa. C.S.A. § 3301 (d) of the Divorce Code.

Disadvantages of Bifurcation This could result in higher legal fees that accumulate over time. Couples who cannot resolve issues in a specific period of time may be unable to resolve them when they have additional time. Taking more time to complete the process could be more emotionally stressful for some people.

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.

In PA, The noncustodial parent must submit a modification petition to stop payments. You must take specific steps to terminate the agreement. Until the order is actually terminated, the noncustodial parent is obligated to continue payment. Talk to a family law attorney if you're looking to stop payments.

Pennsylvania is not a 50/50 common law state. PA law requires divorcing couples to equitably divide the marital property. This means that the division of marital property should be based on fairness utilizing a set of enumerated factors in the PA Divorce Code.

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Pennsylvania USLegal Pamphlet on Bifurcation