When a marriage is irrevocably broken, couples often seek to finalize their divorce expeditiously. A strategic approach to achieve this is a bifurcated divorce, which legally concludes the marital bond prior to addressing ancillary matters. However, this divorce route is typically only permitted in limited circumstances. The following blog discusses the conditions under which Massachusetts courts may approve bifurcation and underscores the importance of retaining our experienced Mansfield Divorce Lawyer to navigate these difficult times.
How Does a Bifurcated Divorce Work in Massachusetts?
In Massachusetts, some couples opt for a bifurcated divorce as an alternative to traditional litigation. This process divides the dissolution of a civil union into two distinct phases: the formal termination of the marriage and the subsequent resolution of related issues. These issues can include spousal support, child custody, property division, and child support.
Bifurcation essentially allows couples to formally end their marriage before all pending divorce issues are settled. This method is often chosen by couples who wish to move forward with their lives while concurrently resolving the remaining legal aspects of their separation. A key reason individuals seek bifurcation is to remarry without delay, rather than waiting for the court to resolve ancillary legal matters.
Bifurcation offers several benefits in divorce proceedings. It can expedite the finalization of the divorce, enabling spouses to remarry sooner. This can also provide emotional closure and potential tax advantages. Furthermore, it can prevent delays, particularly if one spouse is deliberately hindering the process.
While this process can be appealing, it also presents several drawbacks. Bifurcated divorces can diminish the incentive to finalize the divorce. Additionally, they can become contentious due to an increase in hearings and paperwork.
What is Massachusetts’ Stance on Bifurcation?
While the bifurcation of a divorce in Massachusetts is permissible, it’s not favored by the court. Such a divorce is only granted under extraordinary circumstances. Justifications for bifurcation can include situations where delaying the divorce could cause hardships or lead to unfair financial or legal consequences. A judge will typically approve this process if postponing the divorce would result in unnecessary hardship or unfair outcomes for either party.
If concerns about the length of a divorce case arise, alternatives to bifurcation exist. An uncontested divorce, where spouses agree on all major divorce issues, can expedite proceedings more effectively than a contested divorce. A legal professional can help facilitate a settlement. You should consider mediation and arbitration, as they are alternative dispute resolution (ADR) methods that can accelerate the legal process of terminating your agreement.
For more information, please don’t hesitate to connect with an attorney at The Law Offices of Cynthia L. Hanley, P.C. Our legal team is prepared to help you understand the process and potential implications for your unique case. Contact us today to schedule a consultation.
