divisible divorce

A divorce whereby the marriage itself is dissolved but the issues incident to the divorce, such as alimony, child custody, and visitation, are reserved until a later proceeding.

• This type of divorce can be granted when the court has subject-matter jurisdiction but lacks personal jurisdiction over the defendant-spouse. The doctrine of divisible divorce was recognized by the Supreme Court in Estin v. Estin, 334 U.S. 541, 68 S.Ct. 1213 (1948), and Vanderbilt v. Vanderbilt, 354 U.S. 416, 77 S.Ct. 1360 (1957).

— Also termed bifurcated divorce. [Cases: Divorce 146. C.J.S. Divorce §§ 209–210.]

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