Utah Petition for Divorce, Answer and Motion to Bifurcate - Bifurcation
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Motion for Bifurcation (Get Divorced Sooner!) You are here: Home / California Divorce Guide / Pretrial & Pre-Settlement / Motion for Bifurcation (Get Divorced Sooner!) California divorces take at least six months to complete, and that's just the minimum.
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.
When this happens, the parties can ask for a separate trial on the issues they cannot agree on so they can resolve those and then finalize the entire case. This is sometimes call "bifurcation" which means "to separate the legal issues in a case."
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.
A motion is a written or oral application to a court in a pending case seeking some sort of ruling or order. A petition, on the other hand, is always in writing, and is considered a pleading, used to commence a proceeding, or initiate a collateral one.
Bifurcation is the splitting of a case into two separate trials. Generally, a civil lawsuit can be naturally divided into two major issues for a trier of fact, such as a judge or a jury, to decide: liability and damages. In a bifurcated case, the issues of liability and damages are decided separately.
Bifurcation is the splitting of a case into two separate trials. Generally, a civil lawsuit can be naturally divided into two major issues for a trier of fact, such as a judge or a jury, to decide: liability and damages. In a bifurcated case, the issues of liability and damages are decided separately.
According to the American Bar Association Journal, a bifurcated divorce is granting the divorce first and deciding on the economic issues later. The marital status has changed, but all of the details regarding assets have yet to be finalized.
For those hoping to get divorced sooner, there is something called a Motion for Bifurcation, which asks that the court terminate a marriage and restore each spouse to their single status. In some situations, the judge may order a trial be bifurcated or that a particular issue within the case be tried separately.