Here are some common misconceptions about preliminary conferences in New York divorce cases and the reality behind them:
- Misconception: The Preliminary Conference is Optional
Reality:
The preliminary conference (PC) is not optional in contested divorce cases. It is a mandatory procedural step once the case has been assigned to a judge. Its purpose is to establish the roadmap for the case, including discovery deadlines and temporary orders.
- Misconception: The Preliminary Conference Resolves the Case
Reality:
The PC does not resolve the divorce or decide on major issues like custody, spousal support, or property division. Instead, it sets the stage for the discovery process, ensuring both sides exchange necessary information and documents to build their cases.
- Misconception: You Don’t Need an Attorney for the Preliminary Conference
Reality:
While technically possible, attending a Preliminary Conference Divorce New York without an attorney is risky. The PC involves discussing complex legal and procedural matters, like discovery schedules and potential interim relief. An attorney ensures your rights are protected and that you don’t inadvertently agree to unfavorable terms.
- Misconception: The Preliminary Conference is Quick and Informal
Reality:
Though often less contentious than a trial, the PC is a formal court proceeding. You will be expected to present your issues clearly, and the judge may issue binding preliminary orders. Preparation is essential to avoid delays or setbacks.
- Misconception: Everything Is Decided by the Judge
Reality:
The PC is not solely about judicial decisions. Both parties, along with their attorneys, collaborate to create a discovery plan and may reach agreements on interim matters. The judge only steps in to resolve disputes that cannot be settled between the parties.
- Misconception: Discovery Will Begin Before the PC
Reality:
Discovery typically begins after the PC. The conference is where the judge sets the discovery schedule, outlining deadlines for document exchanges, depositions, and expert evaluations.
- Misconception: Ignoring the PC Won’t Have Consequences
Reality:
Failing to appear at a PC can lead to severe consequences, such as default judgments or sanctions. The court may interpret nonattendance as a lack of interest in defending your case.
- Misconception: You Can Finalize the Divorce Without a PC
Reality:
In contested cases, skipping the PC is not an option. It’s a required step in the legal process, serving as a foundation for everything that follows.
- Misconception: Temporary Orders Are Automatically Granted
Reality:
If you want temporary relief, such as spousal support or custody arrangements, you must specifically request it during or before the PC. The judge won’t automatically issue these orders without a motion or stipulation.
- Misconception: The PC Is Only for Major Disputes
Reality:
Even minor contested issues require a PC to ensure procedural compliance and fairness. The conference helps streamline the process and identify areas where agreements might be possible.
- Misconception: The Preliminary Conference Always Happens Quickly After Filing for Divorce
Reality:
The timeline for a preliminary conference depends on the court’s schedule. It may take weeks or even months after filing for divorce to get the conference date, especially in busy jurisdictions like New York City.
- Misconception: Only Financial Issues Are Addressed in the Preliminary Conference
Reality:
The PC addresses all areas of contention in the divorce, including financial matters, child custody, visitation, spousal support, and even procedural matters like scheduling. It’s a comprehensive planning session.
- Misconception: A Judge Will Hear Arguments About Fault at the PC
Reality:
The PC is not the venue to argue about fault or litigate emotional grievances. The focus is procedural: setting discovery deadlines, identifying disputed issues, and ensuring both parties have access to necessary information.
- Misconception: Judges Use the PC to Pressure Settlements
Reality:
While judges may encourage early resolution to reduce court congestion, the PC is primarily procedural. Any settlement discussions initiated by the judge are usually suggestions, not pressures, unless both parties show willingness to negotiate.
- Misconception: Each Spouse Must Attend the PC Personally
Reality:
While it’s common for both spouses to attend, there are cases where attorneys handle the conference without their clients present, provided the court allows it and the client’s interests are adequately represented.
- Misconception: You Can Show Up Unprepared Without Consequences
Reality:
Coming to the PC unprepared can hurt your case. Judges expect both parties to have a clear understanding of their issues, goals, and any preliminary evidence needed to proceed. Lack of preparation may result in unfavorable scheduling or decisions.
- Misconception: Temporary Custody Orders Made During the PC Are Final
Reality:
Any temporary orders issued at the Publication Divorce New York (e.g., custody, support) are not final and can be modified later based on new evidence or agreements. They serve only as interim solutions until further court proceedings.
- Misconception: Discovery Deadlines Are Flexible Suggestions
Reality:
Discovery schedules set at the PC are court orders, not guidelines. Missing deadlines can lead to sanctions, exclusion of evidence, or other penalties.
- Misconception: The Preliminary Conference Only Benefits the Wealthier Spouse
Reality:
The PC is designed to ensure transparency and fairness, even when one spouse controls more financial resources. Discovery timelines established at the PC help the less-resourced spouse access key financial documents.
- Misconception: The PC Resolves All Procedural Conflicts
Reality:
While the PC is meant to streamline procedures, disputes over discovery or other procedural issues may still arise later, requiring additional conferences or motions to resolve.
- Misconception: The Preliminary Conference Always Requires a Lot of Paperwork
Reality:
The paperwork required for the PC depends on the case complexity. For some, it may only involve basic financial disclosures and statements of contested issues. However, more complex cases may demand extensive documentation.
