More In This Category
View Transcript
trial conference is the most pivotal
step in the entire divorce litigation
process
it is scheduled
maybe about six or eight months in some
instances out from the point when the
case is filed in the summons and
complaint have been served
and it is up to the parties
to basically comply with the Mandate of
the Court which is to just uh to turn
over
um all uh prescribed Financial records
and documents and tax returns and uh
retirement accounts and health insurance
um information the goal and the divorce
process and it’s the philosophy of the
courts is to have all the cards face up
on the table
so everybody knows what they’re talking
about but a precondition to the
pre-trial conference is the party is
there a there’s a requirement for the
parties in their Council to meet about a
week before the pre-trial conference and
they’re supposed to narrow the contested
issues agree on what they can agree and
if there’s an issue or two or three or
four that can’t be agreed upon those are
the issues that get presented to the
court uh to the judge at the pre-trial
conference and then the judge will weigh
in on his or her
Judicial philosophy and dealing with
those issues so you know on each issue
one of the parties is going to get good
news and the other party is going to get
the bad news but as a result ninety
percent of the cases that we handle are
resolved at or around the pre-trial
conference
point in the litigation process
the ones that can’t be resolved go on to
be fully litigated to trial and it gets
very it becomes a very expensive slog
from that point forward
Hingham, MA family law attorney James M. Lynch explains what happens at the Pretrial Conference in a MA divorce case.