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.
Utah USLegal Pamphlet on Bifurcation
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US-PMPH-20
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FAQ
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.
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.
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.
This process is called bifurcation. This can allow the parties to remarry sooner, but means it could take longer to resolve other issues. Either party can ask the court to bifurcate the case by filing a Motion to Grant Divorce and Decide Other Issues Later. Utah Rule of Civil Procedure 42.
Reasons for Requesting a Bifurcated Divorce A spouse refuses to agree to specific issues in an attempt to prolong the divorce. Changing filing status for income tax purposes to single or head of household. A woman wants to resume using her maiden name. A spouse intends to file bankruptcy.
Bifurcation refers to the separation of the proceeding into distinct phases addressing discrete issues. Most often bifurcation refers to the separation of jurisdictional issues from the merits of the dispute or liability issues from damages.
Unlike a traditional divorce, wherein the court resolves all issues before issuing a final decree, bifurcate divorce permits the court to terminate the marital status before settling contentious matters.
Disadvantages of Bifurcation Bifurcation means that you will be dealing with the settlement terms over a longer period of time. 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.
