If your divorce matter is contested than you’ll likely go to court for a preliminary conference date. The first day in court is always a daunting. You will be accompanied by your attorney and your spouse will be accompanied by his or her attorney. The New York Divorce Courtroom will likely be filled with other litigants, each waiting for their turn to step up and be heard before the assigned Judge. However, your case will not be called until the Preliminary Conference Order is signed, and each party and their respective attorney will need to sign the Stipulation before the Court will So-Order it.
Because of the sheer length and details involved in the promulgation of a PC Order, you can expect to see your lawyers running back and forth filling in dates and arguing about which assets must be considered in the Order. Valuation dates will be set for real estate appraisals and business appraisals, as well as for other properties. Much more is entailed in getting this paper ready for the Judge so it can be a bit troubling for the litigants to watch. This is because the attorneys are charged with making sure that your rights are protected and cannot always explain the intricacies of the law or the impact their decisions will make in the making of the PC Order.
At the preliminary conference, the parties are expected to engage in talks to set up a timetable for your divorce. This will eventually end up in the form of a detailed Preliminary conference Order which will serve as a road map for how your case will proceed. The Court wants all parties to agree to a discovery schedule for the exchange of financial information, and deadlines are set to conduct depositions. Of course, some leeway is given to th litigants to reasonably extend the times set forth in the Order but generally the Court expects you to meet these deadlines. The PC order will also provide for target dates for the filing of motions, for a pretrial conference, and for formal notices such as the Note of Issue and for trial. All 1001 into the Air Lackawanna the article at Benson of the run a home loans among the hat by the eighth and high iron eagle old heir to the eagle will allow a listing of a
If requested, the Court may also set up a temporary parenting plan and temporary child support order. The Court will advise the parents of the opportunity to engage in a mediation program in one is available in that county. As of this writing there is a mediation program in Manhattan and Brooklyn. These programs help litigant avoid a divorce or child custody trial.
It is also likely that the courtroom lawyer who works for the judge will want to meet with the parties and their attorneys in chambers in order to take a history of the facts of your case in order to try to understand the issues involved. Often times they will guide the litigants into settlement scenarios that should be considered. In fact, at each court appearance similar discussions will take place during the pendency of the divorce action.
After nine months of negotiations between court dates, if the parties have not come to an agreement the Court will assign a trial date for your New York Divorce. By that time the financial discovery should have been completed and the attorneys will then be expected to ready your case for trial.
By your New York Divorce Lawyer Lisa Beth Older