A divisible divorce terminates a marriage but leaves other issues unresolved, which can be decided after the divorce is final. It can be used for tax purposes or if one spouse wants to remarry quickly. Laws vary by jurisdiction, and consulting an attorney is recommended.
In a divisible divorce, a marriage is terminated, while other issues, normally resolved during a divorce, remain unresolved. When a couple files for divorce, any claims for alimony, child custody and visitation, child support, and division of property are usually decided with the agreement of the parties involved or with a judge’s ruling. Conversely, these and other pertinent matters can be decided after the divorce is final in a divisible divorce. Sometimes a divisible divorce is referred to as a bifurcated divorce.
A couple may choose to file for a divisible divorce if one or both spouses wish to remarry without waiting weeks, months, or even years for the divorce to be finalized. In that case, a judge may grant a divisible divorce, leaving the rest of the case open. Couples can also file for divisible divorces for income tax purposes or for various other reasons.
Sometimes, a divorce court will have jurisdiction over the divorce, but may not be legally able to decide other divorce matters. This often happens when the plaintiff is a resident of the state where the divorce suit was filed, but the defendant is not. If so, the court can rule on the basic divorce, but may not be able to decide on issues that require the court to have personal jurisdiction over the defendant.
When a couple files for a divisible divorce for tax purposes, it may not matter what time of year the divorce is finalized. Under federal tax laws in the United States, an individual can file an income tax return as an individual as long as he is legally divorced by the end of the tax year. This means that a person can end their marriage on the last day of the year and still be eligible to file as the sole taxpayer for the entire year.
Having the right to apply as an individual can be important when spousal support is being paid. This is because 100% of spousal support payments are deductible for the payer. However, spousal support payments are not deductible if the taxpayer files a joint tax return. On the other hand, the person receiving spousal support payments must report them as income.
Laws on divisible divorce and other divorce matters vary by jurisdiction. To determine whether or not a divisible divorce is beneficial in a particular situation, affected parties should consult a qualified attorney. Specific location information can also be found on the Internet and in self-help divorce guides.
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