Posted by Nydia Streets of Streets Law in Florida Divorce
What is a bifurcated divorce in Florida? Many Florida divorces involve issues of equitable distribution, child custody and alimony. When a party asks a court to bifurcate the proceedings, it means the party is asking the court to separate the issues and enter a final judgment declaring the parties to be divorced before remaining issues such as equitable distribution, etc. are decided. This might be requested, if for example, a party is in poor health and may pass away before a final judgment of divorce is entered which would entitle the surviving spouse to death benefits that may not be intended in light of the parties’ separation. This was an issue in the case Wax v. Friedman, 3D23-1942 (Fla. 3d DCA October 29, 2025).
The wife requested to bifurcate the proceedings and have a decree of divorce entered, citing her poor health and recent strokes. The court set a brief hearing on the matter, and the husband testified that he had been a resident of Florida for at least six months prior to the date of the filing of the petition. The pleadings confirmed the parties’ agreement that they had been residents of Florida as required for the Florida court to exercise jurisdiction. Accordingly, the trial court entered a bifurcated final judgment of divorce. The following day, the wife died. The husband appealed, arguing the court did not have sufficient evidence to establish Florida residency of the parties as required by the statute, and therefore argued the final judgment of divorce should be set aside.
On appeal, the wife’s estate argued the appeal should be dismissed because it was an appeal of a non-final order. Citing Galbut v. Garfinkl, 340 So. 2d 470 (Fla. 1976), the appellate court rejected this argument and considered the appeal. Turning to the merits, the court concluded the husband was correct. Even though no one disputed the court’s jurisdiction, the court was still required by statute to receive corroborating evidence of the parties’ residency such as a Florida driver’s license or identification card showing the requisite residency period. The judgment of divorce was therefore reversed.
This article cannot be taken as legal advice since application of Florida family law is specific to the facts of each case. Schedule your consultation with a Miami family law attorney to determine how the law may apply to your case.