What is Bifurcation?
By Jedidiah McKeehan
You may hear a lawyer or judge use the word “bifurcation” during a court case and think it sounds like something out of a science textbook. But in the legal world, bifurcation is actually a pretty straightforward concept.
Bifurcation simply means splitting a case into two parts so that one issue is decided before moving on to the next. The word itself comes from the Latin “bi,” meaning two, and “furcare,” meaning to fork—so think of it like the case taking two separate paths instead of one big road.
Why would someone want to do this? Well, sometimes there’s one part of a case that’s a lot easier to resolve than the rest. By handling that part first, the court might be able to avoid a long, expensive, and unnecessary trial on the other issues.
A common example of bifurcation happens in divorce cases. Let’s say a couple agrees they want to be divorced, but they’re still fighting over things like alimony, child custody, or property division. The judge might grant the divorce itself right away—bifurcating the divorce from the other issues—and then take more time to sort out the rest. That way, the couple is legally divorced while the remaining details are still being resolved.
Bifurcation can also be used in civil cases involving things like car accidents or contract disputes. For example, a court might first hold a trial to determine whether someone is liable (at fault), and then later hold a separate trial to decide how much money should be awarded in damages. This can make things more efficient—if the court decides someone wasn’t at fault at all, then there’s no need to spend time figuring out how much money they would have owed.
Of course, not all judges are willing to bifurcate a case. It’s a decision that the judge makes after weighing whether it will actually save time and resources or whether it might confuse things even more. Lawyers will often request bifurcation as a strategic move, depending on which issues they want the judge to hear first.
So while the word “bifurcation” may sound intimidating, it’s really just about breaking a case into manageable parts. Sometimes, tackling a case one piece at a time is the best way to get to the finish line.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
