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Bifurcation is a judge's ability in law to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings.
California's Family Code allows divorcing parties to begin their new lives sooner by requesting bifurcation, which essentially means to split something. Through this process, a judge can grant a divorce by treating it as a separate matter from custody and property division.
A bifurcation and termination of marital status can be accomplished by stipulation or agreement of the parties. Alternatively, either party can request the bifurcation and termination of marital status by filing a request for order with the court.
Disadvantages. Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.
The spouse asking for a bifurcation must have an especially good reason as to why the court should terminate the marriage. Based on that reason, the court will either grant or deny the request for bifurcation.