Is a bifurcated divorce advantageous?

My soon to be ex-has dragged out our divorce over a year and a half. (Eventhough the only thing we have was a car, which she got) and 2 beautiful children. We did our taxes and we did OK because we had a business together that had a loss (due to the divorce process). She just filed paperwork for a bifurcated divorce so that she can file single for 2008 taxes. It doesn't seem like her because the only two things she has had to hold over my head has been staying married to the monster and our kids which she has not allowed me to see for four months. Anyone know that Bifurcated divorce could help HER with???

Does she have a new "love interest"?

If so, bifurcation would allow her to legally remarry.

What is holding up the divorce if there are no assets to divide?

If there is an issue YOU want to resolve, but SHE is the one dragging her feet...then bifurcation will mean she can drag her feet almost forever, offically single (and may have re-marriage in mind).

So this might be the opportunity to press for what you need settled by telling her "sorry, no divorce until the issues are done".

Otherwise, sounds like it will go on even longer IF she gets what she wants, but you don't with bifurcation.

no, she doesn't have a love interest. The only two things that mean anything to me is getting away from her and having a loving and meaningful relationship with my children.

I have researched and wonder if it is due to tax purposes.

The thing holding up the divorce is HER. She only wants to allow me to see the kids two days a month. She is definitely dragging her feet to make this divorce hurt me through the kids. Little does she know, or even care that it hurts the kids.

I can't see how Bifurcation can be advantageous for her. We have been through mediation and she hasn't followed one piece of the mediation agreement. She denys me parenting time and harasses me when I go to see the kids. I just don't get it.

Why would she give me one thing (to get away from her clutches and get divorced) out of the two things (and the kids) she has to control me?

I am just trying to figure the alterior motive that might be lying underneath the motion to bifurcate.

Usually, custody matters wouldn't have anything to do with the divorce and can continue after the divorce is entered ( and the divorce can be entered prior to the resolution of custody matters). It's property issues that need to be resolved prior to the divorce.

"Anyone know that Bifurcated divorce could help HER with?"

That doesn't make grammatical sense, but I doubt anyone could say that there's no way that it could. Presumably she thinks it could.

The better question is whether it's DISadvantageous for you. Obviously, we don't know one way or the other, and you should discuss this with your lawyer.

Hearst is right...MOST people want bifurcation in order to re-marry.

I wouldn't agree to it until all issues are settled.

Aside, how is it that she has prevented you from seeing your kids for 4 months--reads as if you are not doing something right or her lawyer is more crafty than your lawyer or you are not using lawyer.....

Quirk may be that is she has physical custody and there is no IRS Form 8332 signed over to you that you LOSE kids as a deduction

She has more money for a VERY crafty lawyer! You are correct. I only am able send my lawyer a pittance and hope sometimes he can help me. I didn't have a lawyer at first, but recieved such a HUGE blow as far as IMPUTED income, I had to get an attorney.Law is not my forte or my job. I have had to learn the art of manipulation quite quickly.

Thank you for the tip of IRS Form 8332....she has been trying to take both kids for a deduction for her alone. Do you know exactly what that form is for? She does in fact have phyical custody but we have joint legal. (if that means anything :-) Thanks so much for your valuable information.

And for being kind about my gramatical error....OOPS.

As she has primary physical custody- she would receive the deduction unless there was a court order saying otherwise. ( joint legal custody is not relevant as far as the deduction).

"I can't see how Bifurcation can be advantageous for her."

There is likely an advantage in the tax situation. If she is divorced on 12/31, then she can claim head of household (since the kids live with her) versus married filing separately, assuming that the two of you aren't planning on filing jointly, that is. Depending on her income, this could be a significant incentive to push for the divorce to finalize even if all of the issues aren't yet resolved.