For many, the preliminary conference is the first time their divorce feels “real.” It is the first appearance in the courthouse, the first time they will be on the record, and the time at which deadlines, expectations, and ground rules are set. Oftentimes, however, people are unprepared or unaware of the importance of their preliminary conference, or the lasting impact this day can have.
What is the preliminary conference in a NY divorce?
The preliminary conference sets the court’s expectations, and establishes the framework for how everyone involved expects the divorce to move forward. At this stage, the court addresses what discovery each party believes they will need, and sets a schedule for that discovery.
The court will also discuss some substantive issues such as child support or custody. But, without an agreement, or a motion being filed, it is unlikely a judge will include things like determinations of custody or child support in the preliminary conference order.
How do I prepare for my preliminary conference in New York?
The bulk of your participation in the preliminary conference actually happens beforehand. It is important to work with your attorney to provide them with any and all financial documentation they request.
Additionally, as it is you and not your attorney who has intimate knowledge of your financial situation, it may be necessary to provide your attorney with more than what they directly ask you for. Your attorney is unlikely to know about every single financial account you have. Just because they don’t specifically ask for something does not mean they won’t need it.
What happens at a preliminary conference?
Your actual participation in the preliminary conference should be minimal. Many times, a judge will ask questions of the parties regarding their employment or the standard practice of custody and visitation they have been following, but nothing terribly substantial. Really, your lawyer should be doing most of the talking for you. If you have questions during the proceedings, you should ask your attorney.
As with any other court proceeding, the judge is there to evaluate you at every stage. Should your matter go to a trial, any actions you take during the preliminary conference may be part of the judge’s final determination.
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What are some common pitfalls or complications that can come up at the preliminary conference?
Even though the preliminary conference is not meant for final decision making, mistakes made at this stage can impact bigger decisions down the line. Most of these common mistakes can be avoided with careful preparation and they include:
Incomplete or inaccurate financial information
Your financial information is used to calculate obligations like child support and spousal maintenance. If the numbers you provide are inaccurate or incomplete, the resulting numbers may also be inaccurate. Such mistakes take extra time—and money—to correct.
Unrealistic expectations about outcomes
It is important to set realistic expectations for what will and will not be accomplished at your preliminary conference. This is one of the more common problems that comes up, and why it is important to have this conversation with your attorney prior to the court date.
Your divorce may be pending for months before a judge gets involved. This is because your respective attorneys go back and forth to negotiate and settle as many issues as possible. But a settlement is not always possible for any number of reasons, so a judge needs to be brought in.
That does not mean the judge will immediately start making final decisions. In fact, it is unlikely the judge will make any kind of a decision—final or not—at your preliminary conference. Realize that while you have been living through and dealing with the realities of your divorce for some time, this is the very first time the judge has heard anything about your case at all.
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How do you prepare for the preliminary conference?
There are no guarantees in any kind of litigation, let alone divorce litigation, but there are steps you can take to prepare for the preliminary conference and beyond:
Gather your financial documentation and provide it to your attorney
Anything and everything you can think of that might exist with regard to your money must be gathered and shared with your attorney. This information includes but is not limited to:
- Tax returns
- Pay stubs
- Bank statements
- Retirement accounts
- Pension statements
- Mortgages
- Credit card statements
- Business records
- Crypto statements
- Investment account statements
- Debt information/repayment plans
- Expenses
Decide what you want and discuss the main issues of your case
The court wants to know what the main issues in your case are. So, you need to know what it is you want from these proceedings and where the disagreement lies. Do you disagree about parenting time? About child support? Do you disagree on whether or not something is a marital asset? The value of a business? While you will not receive final determinations on these issues at the preliminary conference, they do need to be brought up and discussed at that point.
Coordinate with your attorney
Your attorney has enough experience to know how preliminary conferences can go wrong and how they can go right. Only you have the factual information your attorney needs in order to fully prepare. Together, and only together, are you able to achieve a positive outcome.
Do Not Overlook the Importance of the Preliminary Conference
The preliminary conference is not a formality to be ignored or stepped over quickly. It is a vital first step in your divorce procedure. From a personal perspective, your divorce may have been going on for some time. But this is the first in-court step of the process, and the first time all those issues that have been preventing settlement are presented to the judge.
A positive outcome depends upon your willingness to be frank and forthcoming with your attorney. And so, your attorney should be someone with whom you can discuss all matters related to your case. It is crucial that you are not only confident in, but comfortable with your representation.
Tully Rinckey attorneys understand that the issues involved in divorce can be challenging, and they will handle your matter with the attention and tact it deserves. Every divorce is unique. If you have additional questions about your divorce, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation, or schedule a consultation online.
Daniel Gvertz is a partner in Tully Rinckey PLLC’s Buffalo office. With nearly 15 years of dedicated practice in family law, Daniel brings a wealth of experience and a deep understanding of the complexities involved in matters of child custody, support, family offenses, and divorce.
