You may have heard the phrase “divisible divorce,” but what does it mean? In North Carolina, divisible divorce, also known as “bifurcated divorce,” refers to the legal process where the marriage itself can be dissolved while other issues related to the divorce, such as alimony, property division, child custody, and child support, are handled separately. This allows the couple to be legally divorced without having to resolve all ancillary matters at the same time.
What Is Divisible Divorce?
Divisible divorce is the concept that each issue in a divorce case can be treated as a separate claim and resolved independently. This means the court can grant a divorce decree, legally ending the marriage, while reserving the authority to settle other matters like alimony and equitable distribution in separate proceedings.
How Does Divisible Divorce Work?
Consider the following example to understand how divisible divorce operates in practice:
Mark and Sarah have been legally separated for 13 months since Mark moved out of their shared home into an apartment. During this period, they have had no communication. Mark decides to file for divorce, citing the fact that they have been living apart for more than one year, which meets the requirement for divorce in North Carolina. Upon being served, Sarah responds to the divorce complaint, agreeing that they have been separated for the required time but also filing a counterclaim for equitable distribution of their property.
In this scenario, Mark can request the judge to enter a judgment of divorce, which would legally dissolve their marriage. However, the equitable distribution case, which involves the division of their property and assets, will continue separately. This means that while Mark and Sarah will be legally recognized as single individuals, the court will still be working on resolving the property division.
Benefits of Divisible Divorce
- Expedites the Divorce Process: Divisible divorce allows the parties to legally end their marriage without waiting to resolve other potentially lengthy issues like property division or alimony.
- Reduces Emotional Stress: Separating the divorce from other disputes can reduce the emotional burden on the parties, allowing them to move on with their lives more quickly.
- Flexible Resolution: Each issue can be addressed in its own time, allowing for more thorough and thoughtful consideration, particularly in complex matters like property division and custody arrangements.
Considerations and Potential Drawbacks
- Extended Legal Proceedings: While the marriage can be dissolved quickly, other issues may still take a significant amount of time to resolve, leading to extended legal proceedings.
- Increased Legal Costs: Handling multiple proceedings separately can increase overall legal costs, as each issue requires time and attention from legal counsel.
- Uncertainty: Until all issues are resolved, there may be uncertainty about financial and custodial arrangements, which can be stressful.
- Claims Must Be Filed: It is important to note that a court will not automatically address issues related to property division, alimony, custody, or child support as a part of a divorce case; they must be proactively filed with the court. And claims for property division and alimony must be filed prior to finalization of the divorce or else they will be lost forever.
Final Thoughts About Divisible Divorce
- Divisible divorce offers a practical solution for couples who wish to dissolve their marriage quickly while dealing with other complex issues separately. It provides the flexibility to address each matter in its own time, potentially reducing emotional stress and allowing for a more focused resolution of ancillary issues. However, knowing the potential for extended legal proceedings and increased costs is important.
Carolyn Bellof
Carolyn Bellof is a Certified Family Law Specialist in North Carolina. She brings empathy and a personal understanding of loss and resilience to her clients, ensuring their legal needs are protected during emotionally challenging family law proceedings.
For more information on divisible divorce and how it might benefit your situation, contact Stallard & Bellof today. Our experienced family law attorneys are ready to assist you in navigating the complexities of divorce and ensuring your rights are protected.
