The emotional and financial toll of divorce can urge many spouses to seek a quick dissolution of the marriage so they can move on to the next phase of life. If a divorce is uncontested or the couple is able to form an agreement, the road to a finalized divorce is relatively smooth and quick. But, if there are complicated points of conflict, which typically occur with child custody or property division, the end to the matter could drag on for a considerable period of time.

If the parties are interested in a quick end to the marriage itself, and are willing to separate out contested and uncontested issues, one option is to request a bifurcated divorce case, which allows the judge to issue a decree dissolving the marriage, while holding a hearing on unresolved matters at a later date. This option can allow the spouses to move on from the legal obligations and limitations of marriage, while retaining the ability to properly address contested matters. A recent decision by an Indiana appeals court illustrates how important it is to understand the consequences of this choice, and the complications that can ensue when unexpected events occur. A discussion of the bifurcation process, including why spouses might choose it, as well as a brief exploration of the most common issue that pushes a couple to seek bifurcation – the division of marital property – will follow below.

Bifurcating a Divorce

Figuring out the often-complicated issues of how to divide marital assets and debts, child custody, and support can take time, but for some spouses, the desire to see the divorce decree issued can trump a desire to settle everything in one proceeding. As a result, bifurcation allows a couple to sever the ties of marriage and leave the final disposition of other issues for a later time. Spouses might seek this option if they are looking to remarry quickly, need to put the relationship behind them, or because one spouse is prolonging the property settlement phase. Regardless of the reason, Indiana courts tend to be middle of the road when granting these requests, meaning they are not freely granted, but not reserved for only the most extreme circumstances, either. A successful request does require the consent of both spouses to separate proceedings between uncontested and contested issues, and once the divorce is declared, both parties should expect that uncontested issues will not be revisited in a new trial, so ensuring that each side is clear on what will remain for the court to decide is crucial.

Dividing Marital Property

The division of marital assets and liabilities is the issue many couples get stuck on because the outcome is so integrally tied to their financial futures. Marital property is divided in Indiana according to equity, or what is appropriate and fair, and usually results in each spouse receiving roughly equal shares. Any property owned by a spouse, including that acquired before marriage, is generally considered marital property in divorce, and subject to division. Courts may exclude property that was acquired before marriage and did not benefit from any marital contribution, as well as property received by gift or inheritance, from the marital pot. Beyond this caveat, courts are free to:

• Divide property in kind;
• Give possession to one spouse and order the payment of fair value to the other spouse;
• Order the sale of property and division of the proceeds; or
• Order the distribution of retirement benefits that become payable after the married ends.

Any of these options bring huge implications, and to protect one’s interests, an experienced divorce attorney should be consulted about how to approach settling this matter.

Get Help

If you are considering divorce, and have questions about your legal rights and options, talk to Christopher L. Arrington, P.C. about your situation. Divorce is complicated, and this Danville law firm knows how to get you the best possible outcome. Call today to schedule an appointment.