This pamphlet provides an overview of bifurcation. Topics included cover the uses of bifurcation in divorce, other civil, and criminal trials, along with the purposes and advantages of bifurcation.
Kansas USLegal Pamphlet on Bifurcation
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Multi-State
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US-PMPH-20
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FAQ
Bifurcated Divorce Defined It involves the partitioning or bifurcation of the divorce process, allowing courts to dissolve the marriage while deferring the resolution of other disputes, such as property division, child custody, and spousal support.
The word bifurcate is synonymous with the words ?split? and ?divide.? Thus, a bifurcation in a divorce case takes the issue of marital status and splits it from all of the other divorce issues, such as the issues of spousal support, child custody and visitation, child support, and property division.
Bifurcate, in the legal sense, is the dividing of a case into two stages for trial. A common division is to determine liability or guilt in the first stage and damages or punishment in the second.
Disadvantages of Bifurcation Bifurcation means that you will be dealing with the settlement terms over a longer period of time. This could result in higher legal fees that accumulate over time. Couples who cannot resolve issues in a specific period of time may be unable to resolve them when they have additional time.
Bifurcation usually reduces the amount of time the first trial will take since evidence of damages will not need to be (and in fact is forbidden to be) produced, again saving resources and money. It is conceivable that the cost of the two smaller trials will end up the same, or even less, than one longer trial.
