Rule 53.Bifurcation
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 53
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Bifurcation splits the divorce itself from the financial and support questions, and this rule treats it as exceptional. The court shall not bifurcate unless all three of the following hold: there is a compelling reason to grant the divorce before resolving spousal support, child support and property distribution; no party will be prejudiced by the bifurcation; and a temporary order has been entered granting spousal support, child support and any other necessary relief.
That third condition is what protects the party who would otherwise be left waiting without support while the financial issues remain open — the divorce may be granted early, but not before the interim money is in place.
And bifurcation does not create an indefinite remainder. If a case is bifurcated, the final order must be entered within six months of the bifurcation order.
Frequently Asked Questions
When may a divorce be bifurcated?
Only where there is a compelling reason to grant the divorce before resolving spousal support, child support and property distribution; no party will be prejudiced; and a temporary order has been entered granting spousal support, child support and any other necessary relief.
Must interim support already be in place?
Yes. A temporary order granting spousal support, child support and any other necessary relief is one of the three conditions.
How long can the remaining issues take?
If a case is bifurcated, the final order must be entered within six months of entry of the bifurcation order.
Is prejudice to a party relevant?
Yes — bifurcation requires that no party will be prejudiced by it.
Are the conditions cumulative?
Yes. The rule states them together as prerequisites to bifurcating at all.