Bifurcation, divorce and bankruptcy....

Asked over 4 years ago - Jersey City, NJ

I have been going through a nasty divorce for the last 3+ years. I recently filed for bankruptcy. I am thinking of getting the divorce bifurcated. Would it be easier...1) to bifurcate it through the bankruptcy court or 2) through the family court? I am afraid of the divorce judge denying my bifurcation motion so therefore was thinking of asking for a relief of stay first and than asking the bankruptcy court to bifurcate it. Is there any time limit on how long the divorce case can go on for? In the past I have made numerous settlement offers to my ex-wife, of all she has rejected and each time comes back with a more counteroffer. I have suffered tremendous loss over the last 2 yrs in business and can't pay up to her demands and therefore had to file for bankruptcy. Please advise.

Attorney answers (1)

  1. Brian H. Nomi

    Pro

    Contributor Level 11

    Answered . I'm a BK lawyer, not a NJ divorce lawyer. But it would clearly be the New Jersey divorce court that orders a bifurcation, not the BK court.

    The idea I think you want is to have the divorce court adjudicate your marital status, your property division, and your support obligations separately. This sounds very reasonable, and I would expect it would be granted.

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