What is a Preliminary Conference?

When an action for divorce has been commenced, the parties have two options

on how they would like to proceed. The first option is that the parties can

attempt to resolve all outstanding issues themselves. Meaning they will

negotiate the terms of their settlement without ever setting foot in a

courtroom. This includes such issues as custody, visitation, child support,

spousal maintenance, the equitable division of marital assets (real property,

banking accounts, investment accounts, etc), and the equitable division of

marital debts (credit card debt, mortgages, loans, etc).

The second option is to litigate the matter through the courts. While some

amicable divorces may be done through the courts, divorces that are

contentious almost always end up before the courts. This, however, does not

mean that contentious cases can not ultimately be resolved, but that the parties

need the assistance of the courts to get to a position to settle.

When going through the courts, one of the parties must file a Request for

Judicial Intervention. This is often coupled with Request for a Preliminary

Conference. These are necessary to get a judge assigned to your case and the

matter placed on the court’s calendar. Often, the first court conference is what

is a called a Preliminary Conference which must take place within 45 days

after a judge has been assigned.

A Preliminary Conference is when the Court first gets a snapshot of the case,

including but not limited to such information as when the parties were

married, when the husband or wife was served with divorce papers, if there are

any children of the marriage and their ages, and what major assets/liabilities

are present in the case. It is important because this is the first time the Court is

made aware of the parties and can hear from the parties’ respective counsel.

Counsel for the parties’ will explain to the Court what issues have been

resolved, if any, and what issues remain open. Importantly, at this conference,

the Court will execute a Preliminary Conference Stipulation/Order which will

set out dates for discovery (the production of documents). This is especially

important in cases where once spouse refuses to produce their financial

documents.