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© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Bifurcation I NTRODUCTION In a broad sense, bifurcate means to bisect, halve, divide, split, cut in two, cleave. In a legal sense, bifurcate refers to the order or ruling of a judge that one issue in a case can be separately tried to a conclusion or a judgment rendered on one aspect of a case without reaching a determination on all aspects of the matter. For example, a judge may grant a divorce judgment without hearing evidence or making a ruling on such issues as division of marital property, child custody or spousal support. Also, in a negligence case, the court may bifurcate the issues of liability and damages and hear evidence on the defendant's liability and recah a determination on that issue before going proceeding with a trial on the amount of damages. If the court rules there is no liability, then the amount of damages is meaningless and no further trial is necessary. Bifurcation is the act of dividing a trial into two parts for various reasons like convenience, to avoid prejudice, or to expedite and economize. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases, especially capital cases. USCS Fed Rules Civ Proc R 42 ( b) provides for bifurcation. It says “For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, cross claims, counterclaims, or third- party claims. When ordering a separate trial, the court must preserve any federal right to a jury trial.” In family law, bifurcation occurs when the divorce is determined separately from the related issues of custody and visitation, child support, alimony, and property division. In some states, a defendant who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first stage of the trial, both sides present evidence and testimony designed to establish that the defendant is either guilty or not guilty. If the defendant is guilty, the issue of mental disease is presented. B IFURCATED D IVORCE A bifurcated divorce is one in which the marriage between spouses is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. It is often used when one of the spouses wishes to remarry, but resolve other issues in the future. It is also referred to as a divisible divorce. A bifurcated divorce is sought when there is a need to resolve the marital status as soon as possible, without waiting months for the usual process to proceed. Some of the reasons for seeking a bifurcated divorce in order to resolve the marital status may include the following: •One spouse is seeking to remarry before the division of assets and other issues in the divorce are finalized. •A spouse wishes to be able to file a tax return with an unmarried status. This can be an important issue for the spouse who will be paying alimony because spousal support payments are a deductible expense. •To prevent a vindictive spouse from dragging out the process and preventing the other spouse from moving on with his or her life. •To proceed with a divorce after a bankruptcy filing. If one spouse files for bankruptcy while the divorce is pending, the divorce case halts until the bankruptcy is finalized. In such cases, a couple can either seek bifurcation of their divorce or permission from the bankruptcy court for relief from the automatic stay. In most courts, a motion for bifurcation must be filed, but the procedures vary by state. It will be up to the judge’s discretion whether or not to bifurcate. A hearing will be held to determine whether bifurcation should be granted in your case. A bifurcated divorce is more expensive due to increased lawyer fees, litigation and court costs. Not all states will allow a divorce to be bifurcated. Local laws should be consulted to determine applicability in your area. O THER C IVIL C ASES A typical example of a bifurcated trial is a personal injury case in which the question of liability is tried separately from and prior to a trial on the amount of damages to be awarded if liability is found. A bifurcated trial may be held when punitive damages are to be assessed by a jury. A bifurcated trial may be beneficial in such a case because if the defendant is not found liable, it saves the time and expense of producing evidence and witnesses on the issue of damages. C RIMINAL T RIALS A bifurcated criminal trial refers to a trial divided into two stages: (1) guilt phase and (2) penalty phase. In criminal procedure, a bifurcated trial is useful where the issues of sanity and guilt or guilt and punishment must be decided. The main goal of the bifurcated proceeding is to keep out certain evidence from the guilt stage, but to allow its introduction for sentencing purposes. For example, when the defendant has prior offenses, this practice reduces the danger that jurors, inflamed by the details of the defendant's prior offenses, give undue consideration to the defendant's prior record when determining guilt. The second hearing/trial does not necessarily use the same jury as the first. There is no constitutional right to a bifurcated trial. The decision to grant or deny a bifurcated trial is within the discretion of the judge