What is Pre-Trial Conference For?

iVillage Member
Registered: 11-13-2005
What is Pre-Trial Conference For?
3
Mon, 03-27-2006 - 10:29am

I would love it if anyone who actually went to trial for custody can share with me about the final 'pre-trial' conference? I still don't have a lawyer. I have all the documentation I can put together copied and set up to take.

I wonder if I should submit the listing I have of the things that do not have to do only with 'custody. I.E. should I put on it what I am 'asking for' for as far as alimony, the division of our household belongings (ie he took my wedding rings as well as other things -- has about 80% of all household furniture/kids beds and toys etc-- the first week I filed for the divorce, there are vehicles involved etc?

And shall I submit the detailed 'parenting' agreement I would "LIKE" to see him agree to..ie. full physical with me (about 80-20) since he is moving to another state, joint legal, alternate even/odd years for holidays, who has to cover health insurance, specified information as to mediation should disagreements arise AFTER the divorce is final, court of authority issue etc...all those things?

Do I "get" to submit that sort of thing to the judge even if I do not have a lawyer so that he could at least take that into consideration in his final decision after the custody trial? Or do I not get any input if I can not afford a lawyer...(county legal aid appointments are based on both spouses incomes here as long as we are still legally married, so I can't qualify) and then just have to signify that I am not in agreement to whatever ridiculous agenda my stbx's $350 per hour lawyers 'offer' me? Thanks for any input as I research all this as much as I can...Annah

iVillage Member
Registered: 09-29-2004
Mon, 03-27-2006 - 11:11am

Hi Annah, how are ya?

A pre trial conference is just another attempt to try and settle this case before going to trial. The court system wants to avoid trials in as many cases as they can due to cost and length etc. Has his attorney submitted interrogatories for you to answer yet? Have you asked for discovery on the financial part?

Go down to the clerks office and tell them you want to file for discovery in the divorce case and get the forms to do that. Also is there a college nearby you that has a legal program? If so call and ask the head of that department if there is a chance you could get a student to help you. Sometimes they will do research for you for free as part of their education. At the very least visit their law library and get the librarian (lots of times a student there) to help you find the information you need. It will take some leg work but you can get some help doing this on your own.

Good luck, Sweetie, I am thinking about you guys.

iVillage Member
Registered: 03-22-2006
Mon, 03-27-2006 - 11:12am

HUGS!!

I just want to send you good vibes!
Is there a legal aid where you live? Call a lawyer's office and just ask, they may know or can tell you who to call.
At the very least ask the judge to postpone unless you get a lawyer. Hopefully that will buy you a few months.
And when you are at the courthouse, go to the child support office, ask them for legal aid.

Abi

iVillage Member
Registered: 07-08-2004
Mon, 03-27-2006 - 6:12pm

I think step had some very good advice. And while the clerk at the court house can not give specific legal advice, they can usually by VERY helpful in advising you which forms you need to fill out.


I think it's a good idea for you to go in armed with as much information as possible, including the non-custody related issues. Better to have too much than too little!


Just because you do not have an attorney does NOT mean that the judge will automatically grant whatever your STBX desires. Just speak frankly and honestly about your situation.


I hope this goes well for you. When is the pretrial date?