bifurcated divorce

What is the name of your state?What is the name of your state? PA

My husband filed for divorce in dec. 2003 so we haven't even been separated a year yet and he keeps threatening to get a bifurcated divorce, is that possible after only being separated 7months. Legally since I have contested the divorce I am allowed 2 years to settle. Is it possible for him to get this bifurated divorce this quickly?

I think he is only doing this so if he is activated by his army reserve unit if he has the bifurcated divorce I will not have any of the military entitlements that a spouse is entitled too.

[snodderly]

Are their any children are property issues to be settled? If so, then he can't get a bifurcated divorce.

I think he might have the wrong idea of what a bifurcated divorce is all about. All that does is change his marital status. It does not make him free of any obligations as far as property settlement. I don't believe he would even be able to do it without your signature and it would have to be approved by your local courts.

He is just spouting off to try and pressure you into settling more quickly with him. Is he in a relationship and wanting to marry again?

You need to speak with your attorney about his threats just to cover yourself but, I'm fairly certain he is just mouthing off about something he knows nothing about.
snodderly

Thank you for that info. Yes we have property that needs to be settled etc and I talked to my lawyer and she feels same thing just trying to force me to settle. She said the court will say it is too soon and if was after the 2year limit then maybe but she said not before.

He doesn't have anyone yet but think he is doing it so he can get his way.

Thank you

[cyana24]

Originally Posted by snodderly

Are their any children are property issues to be settled? If so, then he can't get a bifurcated divorce.
<snipped>
You need to speak with your attorney about his threats just to cover yourself but, I'm fairly certain he is just mouthing off about something he knows nothing about.
snodderly

That was not true when my ex divorced me in DE. While it's true it does change your marital status from "married" to "single", there were no "ancillary" matters settled yet, no custody, no CS and no property division. My cheating ex remarried months before those issues were settled, leaving me with very little money at the time I may mention. I was paying two mortgages by myself on very little income and eventually had to file bankruptcy after receiving a crappy settlement. Lots of states allow "bifurcation"; I don't that if PA is one of them. It is good advice to talk to your attorney about whether his threats have legal merit.

Bifurcation is possible in the Commonwealth of PA in cases of contested divorces. I was successful in securing a bifurcated divorce less than 4 months from my initial filing. My husband was dissipating marital assets and was being criminally prosecuted for a white collar crime. Although he contested the bifurcated divorce, I prevailed since the judge agreed with my attorney's argument that the immediate dissolution of the marriage was necessary to protect me financially / legally from what was going on in his life. We did equitable distribution about a year later. Although I'm an attorney, I don't practice family law. It seems to me since you're not dealing with issues of emotional instability, criminal acts or personal bankruptcy it's highly unlikely your husbands efforts to secure a bifurcated divorce would succeed. Good Luck.

I wholeheartedly agree with MomofTwins14. In is well-founded in Pennsylvania case law and that of bordering states that unless there are exigent circumstances, i.e., unauthorized liquidation of marital assets, extended or unexpected absence from the state, or a valid fear that one of the marital partners has the capacity and/or intent to defraud he community assets, bifurcated divorce is not at issue. Best of luck to you in your quest for justice!!!