Bifurcation (law)

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.[1] Criminal trials are also often bifurcated into guilt and sentencing phases, especially in capital cases.

In divorce cases, some states allow bifurcation, that permits a divorce case to be finalized with certain aspects, such as property, to be dealt with after dissolution. Some states permit bifurcation, some do not allow it, and some state statutes do not address the issue.

In arbitration, bifurcation can be used to get past certain issues, that might otherwise stall negotiations, concluding certain points that are agreed upon, while working on a solution to whatever problem initiated the need for bifurcation.

  1. ^ "bifurcated trial". LII / Legal Information Institute. Retrieved 2021-06-21.

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