How do I prepare for a divorce settlement conference?

How do I prepare for a divorce settlement conference?

How to Survive a Divorce Settlement MeetingCommunicate with your attorney beforehand. We personally find these pre-four-way meetings essential, and try to avoid going into a four-way meeting without having a private meeting first. Be effective. Be respectful. Listen. Think outside of the box. Think about the other side.

Is a settlement conference a good thing?

A settlement conference also can be a useful way to resolve a divorce or child custody case. This can allow the spouses to handle these private matters with greater dignity than discussing them in open court. The spouses may disagree on only a few aspects of a divorce, which may make it easier to reach a settlement.

What is a status conference for child custody?

During status conferences, parties meet with Judicial Officers or the Court to check jurisdiction and discuss issues in dispute and methods to resolve those issues.

What is a stipulated case management plan?

Fortunately, if both parties are represented by attorneys, they can opt out of the initial conference through the filing of a “Stipulated Case Management Plan.” This plan informs the court as to how the parties will proceed with the case, expert witnesses, etc. to ask the court for temporary orders.

What can happen at a status conference?

At the status conference, the judge may ask about what discovery has been conducted, whether and how the parties have tried to settle the case, and other pretrial matters. The judge may also schedule dates for pretrial motions, completion of discovery, and trial.

What is the difference between hearing and trial?

The court generally only allows witnesses at trial, not at hearings. At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.

Who attends a scheduling conference?

In U.S. courts, a scheduling conference is exactly what its name implies. The judge and the attorneys meet in the judge’s chambers to agree on a plan for the pretrial phase of the litigation and to set deadline dates for the completion of certain tasks.

Is new evidence allowed in a trial?

Your arguments must be based on the evidence or lack of evidence presented during your trial—you cannot use new evidence.

Can you go to jail during a preliminary hearing?

It is very unlikely that you would go to jail at the preliminary hearing. The court’s job is not to find the defendant guilty or not guilty. It is relatively rare for this to happen, so it is unlikely that you would go to jail at the preliminary hearing even if the prosecution presents sufficient evidence.

Do witnesses testify at a preliminary hearing?

A legal proceeding may take hours, days or months. You may have to go to court more than once. For example, you may have to testify at a preliminary hearing and at trial. The Crown presents its evidence first, so, if you are a witness for the Crown, you will probably be the first witness.