Last Updated on March 1, 2023 by Journal Fact
A divorce case can be resolved in several ways, such as mediation, litigation, or collaborative divorce. However, if your case is going to trial, you will be attending a pre-trial hearing, and it is crucial to be prepared for that. Talking to experienced Kenosha divorce lawyers can help you prepare better.
What is a pre-trial hearing?
A pre-trial hearing is a meeting between the lawyers and the judge. The lawyers present their client’s case to the judge and discuss settlement positions. A pre-trial hearing is scheduled before the trial date, and there can be more than one pre-trial hearing. The judge looks at a summary of the case and indicates what kind of judgment they may give. The parties do not necessarily have to accept the indication, and the case will proceed to trial.
What should I do before a pre-trial hearing?
The things that you should do before a pre-trial hearing in order to be prepared are:
- The spouses and their lawyers have to attend an in-person meeting to discuss the issues of the case and how they may be resolved.
- Each of the spouse’s lawyers must prepare a pre-trial memorandum. If a spouse represents themselves, they still have to submit a pre-trial memorandum. The memorandum contains the undisputed and disputed facts of the case, the procedural history, the requested length and time of the trial, the witness you want to call, the evidence you want to submit, the issues of the case, and the status of discovery.
- Depending on your case, you may also need to submit your financial statements and the pre-trial memorandum.
What to expect during the pre-trial hearing?
The pre-trial hearing usually occurs before the trial and after the case’s discovery. The lawyers would list the facts of the case and the unresolved issues. The judge would then consider everything and may give an estimate of how long the trial could take. Having an experienced attorney by your side can help you better prepare for the pre-trial hearing.
Am I required to attend the pre-trial hearing?
Whether you have to attend the pre-trial hearing depends on your state’s divorce laws. In some states, your attorney can attend on your behalf. In others, you may need to be present.
Schedule a consultation today and explore your legal options
If you and your spouse have been considering divorce, do not waste your time. Contact an experienced divorce attorney today and determine your next steps.