Pretrial & Status Conference Forms - Pre Trial

How to Prepare for Pretrial in Divorce How To Prepare For Divorce Pretrial

After filing for divorce, a pretrial conference will be set before you and your spouse officially appear in court. In most types of court cases, the pre trial meeting is more of a status conference. It gives both sides a chance to organize their cases before the actual court date. However, a divorce pretrial is a little different because this is the time when you and your spouse can hammer out a settlement in a potentially amicable fashion. In fact, most divorce cases are never argued before a judge, since all of the issues have already been settled in the pretrial hearing, and a signed pretrial order is strong enough to stand up to any other legal scrutiny.

When both you and your spouse are prepared for the pre trial conference and ready to settle on the relevant issues, it can save you money, hasten divorce proceedings, and reduce stress. Even if it seems unlikely that your spouse will cooperate at the meeting, attitudes often change in the presence of a mediator. If, for some reason, you and your spouse cannot reach an agreement, the conference gives you a chance to write a pretrial memorandum. This document outlines all of the issues in the divorce and provides a list of witnesses for the judge to help the case proceed smoothly.

To make the divorce pretrial hearing as efficient as possible, it is necessary to prepare accordingly. Following are a few of the most important preparations that should be made.

Identify and Prioritize the Issues Divorce Pretrial Hearing

Every issue should be identified before the pre trial meeting begins. Each issue should be put in writing followed by your desired outcome and the desired outcome of your spouse. Even if you have already settled on an outcome desirable to both of you, it should be included in the list. Once the list is complete, the issues should be prioritized by how important they are to you.

Know the Law Status Conference Court Meaning

It will help to understand how the law affects each issue on your list. It does not make any sense to list a desirable outcome if it is impossible to achieve at the hearing. In addition, the law may mandate an outcome, which means that the issue does not have to be argued in a memorandum. Understanding the law will also help you understand your rights in a divorce and can provide guidelines on a reasonable settlement.

Keep an Open Mind What Is A Pre Trial In A Divorce Case

While you want to be confident and determined in achieving your goals in the pretrial, you should recognize that you may not have considered every detail. Keep an open mind as you prepare for the pretrial conference and as it is underway. Just because the law does not mandate or establish guidelines for an issue, it does not mean that the issue cannot be mutually agreed upon, and it can be used as a bargaining chip in achieving a desirable outcome on an issue that is more important to you.

Consider the Costs Pre Trial Memorandum Divorce

Before your case goes before the judge, consider the cost of taking your divorce to trial. This often provides enough incentive to help you and your spouse push through a settlement to save money. Is it really worth paying thousands of dollars in attorney fees and court costs to go to trial over minor issues?

Tips for Preparing Pretrial & Status Conference Forms

  1. Carefully choose a state to file for dissolution of marriage. Some states offer more favorable terms for a divorcing party in comparison with others when it comes to laws, ease of submitting, and costs. However, before preparing Pretrial & Status Conference Forms, you need to verify whether you fulfill the residency requirements of the respective state. Also, you need to take into account that if you proceed with divorce first in the chosen state, this state , as a rule, takes jurisdiction over the legal proceedings.
  2. Research your financial situation and debts. To ensure that you get the fair share after your dissolution of marriage, you need to understan better what both you and your spouse owe and own jointly and individually. The court requires both parties to reveal where a couple is financially and send these details along with other divorce documents.
  3. Think about funds and property division and child custody with your partner beforehand. Providing you agree on everything, you can suggest it in the marital settlement agreement and move forward with an uncontested divorce. It’s much less costly and more peaceful in comparison to a contested. You can find all the necessary paperwork, such as Pretrial & Status Conference Forms required for an uncontested divorce in the US Legal Forms library.
  4. Start collecting divorce paperwork. The divorce process is initiated as soon as you file the Petition for Dissolution of Marriage. Depending on your scenario, you might need to add more files later on. You can find the necessary divorce paperwork and educational materials on creating Pretrial & Status Conference Forms utilizing US Legal Forms and its straightforward order option. Based on your responses, the system will put together the state- and scenario-specific forms for you.