Can Custody Be Decided Before The Rest Of My Divorce?

Some Oregon divorce clients ask about getting a final resolution on custody before completing the resolution of other issues (like property division and support).  ORS 107.105(1)(a) provides in part that the court ” may hold a hearing to decide the custody issue prior to any other issues.”  This procedure, called “bifurcation,” is usually done by agreement or court order.  For example, if the issue of custody and parenting time has been decided in mediation, the parties can permanently resolve the custody issue while still working on the rest of the case.  Bifurcation is uncommon, however, if having a final resolution on custody before the remainder of the issues is important to you, discuss the advisability of this process with your attorney.

About Sean Stephens

By Sean Stephens Google + Sean Stephens is divorce and family law lawyer, and a founding member of Stephens & Margolin LLP He was born in Eugene, Oregon and is a fourth generation Oregonian. Sean Stephens attended the University of Oregon, and graduated in with a Bachelor of Science in Psychology, with a minor in English Literature. His psychology studies emphasized early childhood development. You can find more about Sean Stephens at Stephens & Margolin LLP Follow him
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One Response to Can Custody Be Decided Before The Rest Of My Divorce?

  1. this is a great law because in some highly contested divorce, the only way for the parties to make forward progress is to settle the divorce one issue at a time.

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