What is Bifurcation in Divorce?

Divorce can be emotionally and financially draining. In complex cases, it can take years to resolve financial matters, determine child custody, and divide assets. While these issues must typically be determined in order for the divorce decree to be issued, Maryland courts may sometimes allow separated spouses to address custody related issues first. Then property, alimony, and the divorce would be resolved at a later “merits” hearing. This is commonly referred to as “bifurcation” in divorce.

Understanding Bifurcation in a Maryland Divorce

Divorce isn’t only the legal process that terminates a marriage — it also provides the framework that divides marital property, establishes spousal and child support, and addresses custody of the children. While these matters are typically resolved during the course of the divorce proceedings, they can take a significant amount of time. Accordingly, it may be necessary to resolve child custody and support related matters before the divorce case has concluded.

In Maryland, courts may separate child custody matters from the divorce proceedings to prioritize the child's well-being and provide a faster resolution for highly contested issues. However, bifurcation is not required or automatic in every Maryland county. Montgomery County almost always bifurcates custody from divorce. In other counties, bifurcation requires making a motion to the court, and a judge's granting of that motion.

Reasons to Bifurcate Custody From the Divorce Case

Every divorce case is unique and there can be many issues to resolve. Some common reasons to bifurcate custody from the rest of the divorce case can include the following:

• To prioritize the child's best interests — Montgomery County and Howard County typically bifurcate custody from the rest of the divorce case as part of the ordinary process. This practice gives the judge more time to hear the complex custody matters separately and focus solely on the best interest of the child rather than hear all the divorce-related issues at once.
• To provide emotional closure on custody issues — Ending the custody dispute sooner can help one or both spouses achieve emotional closure and allow them to begin the emotional process of moving on. This can help reduce conflict during the remaining legal processes associated with the financial related matters in divorce. Notably, when child custody issues are bifurcated, the court typically handles financial matters pertaining to the child only.
• To address urgent custody situations — Bifurcation can be necessary in high conflict cases or those involving allegations of abuse. Courts have the authority to hold emergency custody hearings to protect a child's safety and well-being if a judge deems it is warranted.
• To avoid legal delays in the case — If a divorce involves complex issues such as dividing business assets or a large number of properties, resolving these matters can take years. Separating child custody from the larger case to be dealt with prevents children from being left in legal limbo for an extended period of time.
• To focus on child related facts and arguments — The facts and factors a court must consider for custody and child support decisions are different from those for alimony, property, and end of marriage decisions. Allowing different tracks and hearings for judges to decide child related issues and alimony/property related issues provides for a clearer focus on the best interests of the children, without bringing in extraneous facts and arguments that are better left to property and alimony decisions.

Significantly, in the event spouses cannot agree regarding child custody matters, bifurcation can provide them with additional time to create a comprehensive parenting plan and determine how parental responsibilities will be divided.

Disadvantages of Bifurcation in Divorce

Bifurcation can be a useful tool — but it is not without its drawbacks. One of the disadvantages of bifurcation is the potential for increased expenses in connection with the legal action. Having separate trials for different issues can lead to additional attorney fees and court costs.

Another downside of bifurcation is ongoing conflict. The continued need to litigate financial issues after addressing custody issues can prolong stress for the entire family. Sometimes it may be best to address all issues at once rather than separately to avoid continuous tension. Mediation and the collaborative process are two forms of alternative dispute resolution that can help address custody and the other issues that need to be determined with reduced conflict. These methods can also ensure the parties remain in control of the outcome, rather than let a judge decide custody and the other matters that must be resolved.

Contact an Experienced Maryland Divorce Attorney

Bifurcation can be advantageous in certain divorce matters — but it isn’t right for every case. If you’d like to learn more about bifurcation in divorce, it’s best to consult with a knowledgeable divorce attorney who handles these types of cases. At Strickler, Platnik & Hatfield, we have extensive experience handling a wide range of divorce matters, including those involving bifurcation. To learn more about how we can assist you, contact us to schedule a consultation.