What Is a Pretrial Conference
A pretrial conference is a court meeting held before trial where the judge, both attorneys, and sometimes the parties themselves discuss unresolved issues in a divorce or family law case. The goal is to narrow disputes, exchange information, and explore settlement possibilities before going to trial. In many jurisdictions, this conference is mandatory and must occur within 30 to 90 days before the trial date.
What Gets Discussed at Pretrial Conference
The judge typically addresses three main categories of issues:
- Property and debt division. Both sides present their property valuations, debt schedules, and proposed division percentages. In community property states like California and Texas, the court expects a 50/50 split absent compelling reasons otherwise. In equitable distribution states like New York and Florida, the judge may divide assets based on factors including the length of marriage, each party's earning capacity, and contributions to the marital estate.
- Custody and visitation. Parties discuss parental rights, residential schedules, decision-making authority, and holiday arrangements. Many states now use "shared parental responsibility" language rather than traditional custody terms. The judge may require both parents to complete parenting classes before finalizing custody arrangements.
- Spousal support and child support. The court reviews income figures, existing support agreements, and the other party's actual expenses. Most states use statutory formulas to calculate child support based on both parents' incomes, the number of children, and custody arrangements. Spousal support amounts and durations vary widely by state and marital length.
Pretrial Conference vs. Status Conference
These terms are often confused. A status conference is a shorter, earlier meeting (sometimes held multiple times) to check case progress and ensure disclosure deadlines are met. A pretrial conference happens later, closer to trial, and involves substantive negotiation and judicial involvement in settlement discussions.
What to Prepare Before Attending
- Disclosure documents. Bring complete bank statements, tax returns from the past three years, pay stubs, retirement account statements, and property appraisals. Courts in most states require both parties to exchange financial information at least 35 days before trial under rules like Florida's Rule 12.285.
- Written settlement proposals. Submit your positions on property division, support amounts, and custody in writing beforehand so the judge can review them and identify points of agreement.
- Realistic assessment of your case. Your attorney should give you an honest evaluation of your strengths and weaknesses. If you have weak evidence on custody matters or inflated property valuations, the judge will likely see it.
- Settlement authority. If you attend, bring decision-making power or have written authorization so agreements made at the conference can be binding.
Possible Outcomes
The pretrial conference may result in a full settlement, a partial settlement on some issues, or no settlement at all. If you settle, the judge will likely order both attorneys to prepare a written settlement agreement or final judgment within a specified timeframe, usually 7 to 14 days. If you don't settle, the judge will issue a pretrial order outlining the remaining disputed issues, evidence limitations, and trial procedures. This order becomes binding and guides what happens at trial.
Common Questions
- Do I have to attend my pretrial conference? In most jurisdictions, yes. Courts require at least one attorney to be present, and many judges prefer both parties to attend so settlement discussions can happen in real time. Missing a required pretrial conference without permission can result in sanctions or default.
- Can I bring documents to show the judge? Yes, but only relevant documents that have been disclosed to the other side per discovery rules. Judges will not consider surprise documents at a pretrial conference. Everything must have been exchanged beforehand.
- What if we reach a settlement at the pretrial conference? The judge may accept your agreement in principle and order attorneys to draft a formal settlement agreement within a specified number of days. Some judges finalize basic terms right then and there, but complex property divisions or custody arrangements usually need written documentation reviewed by both sides before being entered as a final order.
Related Concepts
Status Conference comes before your pretrial conference and handles administrative matters. Trial follows if settlement is not reached.