Bifurcated divorce in Florida allows a couple to legally separate while retaining many of the benefits of being married. In proceedings for a limited/bifurcated divorce, the court can resolve property disputes, address child custody, visitation, and child support issues, and order alimony payments.
What is a bifurcation divorce?
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.
Does a husband have to support his wife during separation in Florida?
Under Florida Statute 61.09, a paying spouse may be required to pay alimony without getting divorced. Florida does not recognize legal separation; therefore, alimony may still be necessary if a couple is separated.
How is money split in a divorce in Florida?
When a married couple files for divorce in Florida, there will be an “equitable distribution” or the division of marital assets and liabilities. See Florida divorce law 61.075. Usually, the court will divide marital assets and liabilities 50/50 unless there are factors that would make an equal split inequitable.
What does bifurcate mean in legal terms?
Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second.
Can a divorce be reversed in Florida?
Canceling a completed divorce is not an option under Florida law either. A divorce decree separates the couple’s property, ends their marital privileges and may include orders for spousal support and child custody. These decisions are legally binding and cannot simply be overturned by “canceling” the divorce.
Why do people bifurcate divorce?
Most people seek a bifurcation divorce because they want to remarry sooner. Although California observes a mandatory six-month waiting period before a divorce can be finalized, this can be a lot less than the time it takes to settle disputes over child custody and support or property division.
What is the benefit to bifurcation?
Bifurcation usually reduces the amount of time the first trial will take since evidence of damages will not need to be (and in fact is forbidden to be) produced, again saving resources and money. It is conceivable that the cost of the two smaller trials will end up the same, or even less, than one longer trial.
Can I remarry after bifurcation?
Couples can apply for bifurcation immediately after California’s six-month waiting period has elapsed, and may have their request approved within weeks. If bifurcation is granted, each party will be free to potentially remarry less than one year after filing for divorce.
How many years do you have to be married to get alimony in Florida?
How long do you have to be married for permanent alimony in Florida? There is no minimum amount of time you must be married in order to receive alimony. However, permanent alimony is generally reserved for a marriage lasting 17 years or longer.
What is the average alimony payment in Florida?
Alimony in Florida is calculated based upon need and ability to pay. The American Association of Matrimonial Lawyers provides a guideline, which takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony.
What qualifies you for alimony in FL?
The two primary factors the court must consider in determining the amount of alimony are the need of the payee spouse and the ability of the paying spouse to pay. The court may impute income to a spouse who is earning less than the spouse is capable of earning through his or her best efforts.
Does length of marriage affect divorce settlement in Florida?
The duration of your marriage may impact the type and amount of alimony awarded to either you or your spouse during a divorce.
Does it matter who files for divorce first in Florida?
“Since Florida is a no-fault divorce state, it does not matter which of the spouses files for divorce first,” says our experienced divorce attorney Fort Lauderdale. “When divorce papers are filed, neither party has a legal obligation to provide a cause of the dissolution of marriage.”
How can I avoid alimony in Florida?
- Work Out An Agreement With Your Spouse.
- Help Your Spouse Succeed In The Workforce.
- Live Frugally.
- Impute A Reasonable Rate Of Return On Your Investments.
- End Your Failing Marriage ASAP.
- Show Your Spouse’s’ Earning Potential for an Alimony Case.
- Prove Your Spouses Real Need for Alimony.
What is an example of a bifurcation?
The definition of bifurication means a division into two branches. An example of bifurication is a fork in the road. The act or fact of bifurcating.
Can I get married while my divorce is in process?
It’s important that you make sure your divorce has been finalised before you marry again. It is against the law to marry someone if your previous marriage is not legally over, and so if you do remarry immediately it is possible that you could be committing a crime.
What is a motion of bifurcation?
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.
How long after a divorce can you remarry in Florida?
If noticed that we didn’t include a waiting period for remarrying after a divorce, that wasn’t a mistake.In Florida, there is no such waiting period to remarry after a divorce. There is, however, a mandatory three-day waiting period after a license is issued that must pass before two people can get married.
What is the statute of limitations on a divorce decree in Florida?
There is a time limit, called a statute of limitations. According to the Florida Statutes, “[a]n action on a judgment or decree of a court of record in this state” must be commenced “[w]ithin twenty years.” 1 § 95.11(1), Fla. Stat. (2020).
How much does it cost to modify a divorce decree in Florida?
If both parties agree to the appeal or modification, we charge $600 to $800 to file the necessary paperwork for you and there is a filing fee as well. As long as both parties agree then it doesn’t matter if there has been a substantial change or not, the judge will usually grant it since it is by agreement.
What is a bifurcated judgment?
Bifurcation is a fancy word that basically means to divide something into parts. In the world of family law, it means to separate the parties’ marital status from all other issues. The court can grant your divorce and reserve its right to later decide all other issues. This is called a “status-only judgment.”
What is Family Code 2337?
Section 2337. 2337. (a) In a proceeding for dissolution of marriage, the court, upon noticed motion, may sever and grant an early and separate trial on the issue of the dissolution of the status of the marriage apart from other issues.
What is a status only divorce?
A “status only” divorce is beneficial to those who want their marriage terminated as soon as possible. Through a “status only” judgment, a person is restored to a single status more quickly, enabling a person to remarry even if other issues concerning the marriage have yet to be resolved.
What is cost bifurcation?
It is the value of sacrifice made by the entity at the time of exercising some other action. The cost occurs when an asset is used as a factor of production by the entity instead of renting it out.