Rule 5:7-8.Bifurcation
Last amended September 1, 2011 · Current through September 1, 2026 · Last verified September 8, 2026
Full Text of Rule 5:7-8
Amendment History
New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.
Note: Adopted January 21, 1999 to be effective April 5, 1999; amended July 21, 2011 to be effective September 1, 2011.
Plain-English Summary
Bifurcation means ending the marriage now and fighting about money later. It has obvious appeal to a party who wants out, and obvious costs: two trials, a lost settlement dynamic, and a spouse whose leverage disappears with the judgment.
The rule resolves that by making bifurcation rare and centralising the decision. Separating trial of the divorce, dissolution or custody dispute from trial of support and equitable distribution is permitted only with the approval of the Family Presiding Judge — not the trial judge — and that approval comes only in extraordinary circumstances and for good cause shown.
Frequently Asked Questions
Can I get divorced now and settle the finances later?
Only rarely. Bifurcation requires the approval of the Family Presiding Judge, granted only in extraordinary circumstances and for good cause shown.
Who decides whether to bifurcate?
The Family Presiding Judge, whose approval the rule makes a precondition.