Skip to main content

What Should I Expect at My Divorce Pre-Trial Conference?

Many of our divorce clients wonder what will happen at the Pre-Trial Conference. Most divorce cases actually settle at or shortly after their Pre-Trial Conference, so it is important to understand what the process actually entails before it begins.

Prior to your court date for the Pre-Trial Conference, both parties and their respective attorneys, if any, will be required to meet in person at what is called a "four-way conference." The purpose of this is to encourage discussion about possible settlement prior to the Pre-Trial Conference, so that the process of resolving issues might have begun before the case gets in front of a judge.

There is no testimony at a Pre-Trial Conference. If represented by an attorney, parties will not generally be asked to speak, although some judges have been known to ask the parties a few questions directly.

Each party will be required to file with the court a memorandum summarizing the procedural history and positions on disputed issues. Different judges have different notices for a Pre-Trial Conference laying out the structure for their memorandums. Usually, it is a six- to ten-page document.

Both sides will have an oral argument in front of a judge, who will give his or her feedback on the disputed issues. The judge's response is usually framed as a range in which he or she is inclined to rule should each disputed issue be brought to trial.  Since we have an individual calendar system, unless the judge that hears the pre-trial retires or changes courts, it will be the same judge at trial.  This is an opportunity, therefore, to get feedback directly from the person who decide your case if you can't settle.

For example, if the parties cannot agree as to whether an inheritance to the husband shall be divided along with everything else, the husband and wife (or their respective attorneys) will each argue their respective positions. After reading the Pre-Trial Memorandum and listening to each side present their cases during oral argument, the judge will, during that hearing, provide feedback for how he or she would be inclined to rule should the facts as presented by the husband be proved at trial, and the same for the facts as presented by the wife. Once the parties hear what the range of results will be from the judge there is a more limited scope of options for settlement. Expectations are generally tempered accordingly, and, usually, negotiations pick up speed. Often, cases settle at or shortly after the Pre-Trial for this reason.

Should you have any questions about divorce, contact Attorney Jonathan R. Eaton, or call 508.655.5980 to schedule a one hour initial consultation.

Comments

Popular posts from this blog

New Massachusetts Child Support Guidelines (2021): Big Changes, Little Changes, Typos & some Unexpected Results

UPDATE: The court has released a web calculating version of the 2021 MA Child Support Guidelines Worksheet .  It resolves some of the typos referred to below, but the unexpected calculations still apply. Every four years, per federal mandate, the Massachusetts Probate & Family Court revisits the Child Support Guidelines through the work of a Task Force appointed by the Chief Justice.  The 2021 Massachusetts Child Support Guidelines were recently posted.  They take effect on October 4, 2021.    If you are interested in a training on all of these changes to the new Child Support Guidelines: DMTA Presents the 2021 MA Child Support Guidelines Update  – Attend this event to learn the key updates you need to know for your mediation clients. Presented by Justin Kelsey of  Divorce Mediation Training Associates  and  Skylark Law & Mediation, PC . For a full comparison of all the  tracked changes between the 2018 and 2021 Massachusetts Child Support Guidelines you can download a pdf sho

What is the purpose of the Divorce Nisi waiting period?

In Massachusetts the statutory waiting period after a Judgment of Divorce and before the divorce becomes final (or absolute) is called the Nisi period. After a divorce case settles or goes to trial, a Judgment of Divorce Nisi will issue and it will become Absolute after a further ninety (90) days. This waiting period serves the purpose of allowing parties to change their mind before the divorce becomes final. If the Judgment of Divorce Nisi has issued but not become final yet, and you and your spouse decide you don't want to get divorced, then you can file a Motion to Dismiss and the Judgment will be undone. Although many of my clients who are getting divorced think the idea of getting back together with their ex sounds crazy, I have had cases where this happened. In addition to offering a grace period to change your mind, the Nisi period has three other legal effects: 1. The most obvious effect of the waiting period is that you cannot remarry during the Nisi period, be

Online Tool for Creating Parenting Plans

It is our hope that all families find a way to resolve conflict peacefully.  This is especially true when children are involved.  Divorced or separated parenting has many complications and the first is just deciding how to share time with a child from two separate households.  Developing a schedule can result in a lot of tension, especially if parents have trouble picturing how this new schedule will interact with their work schedules and the schedules of their children. To help make this easier, we've created an online tool for creating parenting plans that is simple and easy to use: We encourage parents, regardless of the process they are using to divorce, to use this form to assist in evaluating and settling custody disputes. The form allows you to choose between the Model Parenting Plan proposals or customize your parenting plan over a four week period by clicking directly on the form.  When you click on a section of the calendar it switches between Mom and Dad, an