No matter how much dedication or commitment you have when you first get married, getting divorced can still happen. It is not something that most people consider when they are entering a marriage. The questions and answers that are frequently asked about the status conference are listed below.
But first, what is a status conference? Simply put, a Status Conference is a meeting with the judge. It is held for divorce petitions that have not been prepared for hearing by the parties or where the other spouse wishes to contest the divorce petition. Find out more about status conferences by continuing to read.
Table of Contents
What is a Status Conference?
Unrepresented parties brief the court about the status of their case at a status conference, which takes place prior to trial. In addition, a status conference gives unrepresented parties the chance to speak with a staff lawyer from the Family Law Facilitator’s Office to learn more about the progress of their case and get any help they require.
The court will also look into any discovery exchanged between the parties, potential settlement talks, and other issues that could affect whether the case goes to trial.
When Does a Status Conference Happen?
A status conference usually occurs near the conclusion of the case. The status conference is frequently the final hearing before the trial in misdemeanor cases.
Both in felony and misdemeanor cases, some courts hold multiple status conferences (also known as settlement conferences, pretrial conferences, or final pretrial conferences) so that the parties can stay informed about the case’s progress and carry on negotiations as they gather more evidence. Just before a trial date, courts frequently hold a final status conference in an effort to settle the case amicably.
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Where Does the Status Conference Take Place?
This conference, which is usually held in the judge’s chambers who will preside over the divorce proceedings, is thought of as an informal meeting. A status conference is not videotaped in any way, nor is it transcribed by a court reporter. In many cases, it is possible to conduct the transaction over the phone.
If a status conference is conducted over the phone, it is necessary for both parties to be present, either with their attorneys present or, if one or both parties are not represented by attorneys, both on the phone in order to be able to answer the judge’s questions and provide the court dates.
This is the norm in most courts, but in some places the status conference might be seen as a formal court proceeding. This means that the entire procedure is either recorded or transcribed by the court reporter while it is actually conducted in open court. This is a very formal process, much like any other court proceeding, and both parties must abide by the rules set forth in the court’s rules of procedure.
What Can Be Accomplished in a Status Conference?
Although the goal of this conference is to set a series of tentative dates so that a schedule of proceedings can be created, this does not restrict the scope of the proceedings themselves. If the two parties have reached that point in their negotiations regarding who will have what rights and privileges, discussions about a settlement are frequently brought up.
The better off the two parties will be the more disputes that can be settled between the two without the need for the court’s intervention. Despite the fact that this is rarely discussed, the court’s involvement in the divorce process actually serves no real purpose for either party.
Take into consideration for a moment that you are asking a third party to decide who is entitled to what property, who should have custody of the kids, and how much money should be paid to support the single parent who is taking care of the child. Because they are unable to determine what is in your children’s best interests, you shouldn’t leave this decision to a third party.
You should make every effort to address problems if it’s possible to do so during the status conference. When you and your spouse are able to make decisions that are sensible for the whole family, it will save you a lot of heartache and demonstrate to the court that you are truly acting in the best interests of your children.
Consult With a Divorce Attorney
You should speak with a divorce attorney before making any final decisions so that you can ensure that they are in your best interests and the interests of your children. In the heat of the moment, decisions can be made that are not in your best interests.
During a divorce proceeding, all important decisions will be made, including those regarding the division of assets and child custody. In addition to protecting your child’s interests, you also want to make sure that your actions will position you for a prosperous and fulfilling future.
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FAQs
At Which Stage of the Divorce is a Status Conference Held?
Depending on the circumstances, a Status Conference is typically held no more than six weeks after the writ of divorce was filed.
If you are required to attend a Status Conference, the Court will notify you in writing.
What Happens in a Status Conference?
Determining the status of the divorce petition is primarily the judge’s responsibility.
Some questions which the judge may ask the parties:
- If the application had been served on the other party
- If the divorce would proceed on a contested or uncontested basis
- If all necessary documents have been filed in court and are in order
- If counseling or mediation is necessary
Do I Need to Attend a Status Conference?
Yes, but if you hire a lawyer, the lawyer would represent you at the Status Conference.
Where is the Status Conference Held?
The Family Court is the venue.
The judge, the attorneys, and/or the parties would be the only attendees of the Status Conference, which would take place in chambers.