Bifurcation (law) - Bifurcation in Divorce

Bifurcation in Divorce

States have historically taken different views on bifurcation but most state statutes do not address the subject. Alaska permits the courts, under certain circumstances, to divide the parties' property "at any time after the judgment". Alaska Stat. 25.24.155(b) and Alaska Stat. 25.24.160 (Michie 1996). Michigan law, Mich. Ct. R. 3.211(B)(3) (1998) directs that a judgment of divorce must include a determination of the parties' property rights. The New Jersey Supreme Court, in Frankel v. Frankel, 274 N.J. Super. 585, 644 A.2d 1132 (App. Div. 1994), prohibits bifurcation except in the most unusual and extenuating circumstances. Some states, by law, preclude bifurcation. The Nebraska Nebraska Supreme Court, held that all issues must be resolved at the time of dissolution, and in Humphrey v. Humphrey, 214 Neb. 664, 340 N.W.2d 381 (1983), concluded, "Whatever personal convenience a court may confer on parties by granting an immediate dissolution while retaining property jurisdiction cannot be worth the difficulties and problems to which the trial court is exposing the litigants.". The Arizona Supreme Court, in Porter v. Estate of Pigg, 175 Ariz. 303, 856 P.2d 796 (1993), held that bifurcation to "resolve issues of marriage dissolution and property distribution is error", and in Brighton v. Superior Court, 22 Ariz. App. 291, 526 P.2d 1089 (1974), that bifurcation would fostered rather than deter litigation. A Texas Court of Appeals, Adam v. Stewart, 552 S.W.2d 536 (Tex. Civ. App. 1977), disapproved of bifurcation. The Third Department of New York's Appellate Division, Busa v. Busa, 196 A.D.2d 267, 609 N.Y.S.2d 452 (1994), Sullivan v. Sullivan, 174 A.D.2d 862, 571 N.Y.S.2d 154 (1991), and Garcia v. Garcia, 178 A.D.2d 683, 577 N.Y.S.2d 156 (1991), held that a divorce decree is nonbinding and without legal effect if including bifurcation and without making an award of equitable distribution at the time of dissolution, while the Forth Department, Zack v. Zack, 183 A.D.2d 382, 590 N.Y.S.2d 632 (1992), rejected these decisions supported by Johnson, 172 Misc. 2d 684, 658 N.Y.S.2d 780 (Sup. Ct. 1997).