Still Moving Toward Trial
At the close of negotiations, the four of you troop back into the judge's chambers and report on progress or lack thereof. The judge, the judge's law clerk, or a stenographer records the information, or the judge may direct one of the lawyers to prepare the pretrial order. The order will spell out any agreements, set out a schedule for completing any unfinished discovery, set a date for exchanging exhibit and witness lists, and set any sanctions for failing to complete tasks on time.
The judge may schedule another pretrial hearing depending on her preferences. Some judges really like to try cases. They like sitting up on their benches, hearing testimony, making rulings on evidence, and appearing wise. These judges probably will set a trial date after one pretrial hearing.
On the other hand, some judges really don't like to try cases at all. They have trouble making decisions, especially in divorce cases. They'll give you every opportunity to settle your case, and they may schedule several pretrials. If that doesn't work, they'll give you time to discuss settlement on the day of trial, then they'll probably reschedule the trial. Another reason a judge will schedule a couple of pretrials is to make sure the parties are complying with discovery and financial disclosure. In order for a fair settlement to be reached, disclosure must occur, and most judges follow this closely to make sure that it does.
In most states, parties can change their names as part of a divorce. You should decide before the trial whether you want to change your name at this time because this will be the easiest way to get an order. Some parents choose to keep the same name as their children while they're in school.
Last Chance to Settle
Some wise judges realize divorce trials mean all other alternatives have failed — that the parties won't take responsibility and the buck has stopped in the judge's courtroom because someone else has to make the decisions. These judges probably will schedule a second pretrial with some serious sanctions for failure to exchange necessary documents. These judges will enforce sanctions because they know you can't settle the case if you don't have the information you need. Judges who understand divorce dynamics try to get the parties to make as many of their own decisions as possible. They then work with the divorcing spouses and their lawyers to devise a plan for resolving any remaining issues.
It's All about Preparation
The pretrial hearing is a tool to prepare for trial. It makes lawyers complete their preparation, gets everyone organized, and sets the trial rules. It's common for the parties to reach agreement on at least some issues at the pretrial. In fact, if you and your spouse have completed discovery, it's possible you will be able to resolve all the issues of your divorce at this time. Most divorce cases actually settle without the need for trial. Make your divorce one of these and you will save yourself and your family a ton of money, stress, and aggravation.
