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Bifurcated Divorce

Orlando, FL |

Ex is asking to agree to bring to the court a Bifurcated Divorce,as he say he is in a rush to get married with the women he cheated on me, if i say yes I will lose my health insurance, and alimony , child support and the division of the marital assets will be done after and probably will be complicated if he is getting married that fast, My question is is commune in Florida to obtain this kind of divorce? a judge will say yes if he file a motion??

Attorney Answers 5

Posted

It is not that common because people are not usually in that big of a rush to get married, etc. However, I think that it is likely that the judge will grant the motion because you aren't really being adversely affected by it. Sure, you're losing your health insurance but you should have the option of making Cobra payments if it's that big of a deal to you. Good luck

Bill Rosenfelt (Orlando 407-462-8787)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

Do you mean "common" rather than "commune"? It depends on the judge. The judge does not have to grant bifurcation. Case law says that these are not favored. Cobra insurance is expensive. What's the rush? Is she pregnant? He is likely just positioning himself to move more quickly to the next divorce.

If this answer has helped you, please mark it as Best or Helpful Answer. This communication is intended as general information and not specific legal advice and does not create an attorney-client relationship.

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3 comments

Asker

Posted

yes common sorry my mistake

Asker

Posted

Actually we dont know at this time if she is pregnant or not , he is afraid to day a word as we can have probe that he committed adultery, but he direct told me by phone that he needs to get married to his GF , I have no idea what is the rush, i found it really bad as my children knows that he just move away from us 7 months ago and now he want them to attend to his new weeding !

Asker

Posted

to say a word i mean , my key board is acting crazy ! so sorry

Posted

While it might not be common, it is certainly something that does happen and judges will grant it unless there is some convincing reason not to. It definitely makes the case different but the outstanding issues can still be addressed post bifurcation.

I would recommend you have an attorney on your side to assist you with this case.

Ophelia Bernal-Mora
Orlando Family Law Attorney
407-354-5223
[Free Consultations to Avvo Users]

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

It certainly depends on the judge. If you have valid grounds to object-and health insurance is a good reason, you should advise the Judge of your objection. I would recommend filing a formal objection. You are entitled to 36 months of Cobra. Perhaps your soon to be ex-will agree to pay for your cobra for 36 months. be sure to have that agreement reduced to writing. If you have a need for alimony and he has the ability to pay, that may be something he will agree to in order to get his divorce resolved quickly. Be reasonable and present facts such as both your financial affidavits to prove this up. You should get an attorney. Communication is key. Stay calm and present reasons why it is inhis best interest to do what you need him to do.

All answers are based on limited facts provided and should not be relied upon unless there is an attorney/client agreement and I speak with you Personally.

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Posted

Unless YOU have cause a delay in the case the case law and judges strongly disfavor bifurcation. Your Husband wanting to get remarried is not a strong enough reason to bifurcate. You should hire a lawyer to defend against the bifurcation if you want to contest it.

The answering of this question is just friendly advise, and in no way legal advise, nor create an attorney-client relationship. For legal advise you should contact an attorney with detailed information about your situation, so he or she can better assist you. - Scott Weiss, Esq. www.weinerweiss.com

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