Bifurcated Divorce

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??

Orlando, FL -

Attorney Answers (5)

Earl David Maxwell

Earl David Maxwell

Divorce / Separation Lawyer - Orlando, FL
Answered

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.

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Ophelia Genarina Bernal-Mora

Ophelia Genarina Bernal-Mora

Divorce / Separation Lawyer - Orlando, FL
Answered

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]

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William Charles Rosenfelt

William Charles Rosenfelt

Divorce / Separation Lawyer - Longwood, FL
Answered

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)

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Elizabeth Ann Wolt

Elizabeth Ann Wolt

Divorce / Separation Lawyer - Fort Myers, FL
Answered

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.

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Scott Michael Weiss

Scott Michael Weiss

Divorce / Separation Lawyer - Boca Raton, FL
Answered

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.

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