Wednesday, March 17, 2010

What Happens at a Family Court Status Conference?

The court automatically sets a Status Conference (STC) in all divorce cases to take place approximately 3 -4 months after the case is filed. When parties choose to use mediation to resolve the issues in a divorce or legal separation, the mediator can file a stipulation (agreement) postponing ("continuing") the STC for up to a year to allow the parties an opportunity to finish through mediation without going to court.

Parties that represent themselves can usually postpone an STC a couple of times by calling the court clerk on the phone (it can vary by department). Eventually, the court won't let that happen anymore and will require you go in to the courthouse for the STC. This can take a half-day or more. Typically, parties can personally appear once or twice more before the court will set a Case Management Conference ("CMC" - which is not much different than an STC, but parties will typically see a judge instead of the facilitator). The court does not decide anything substantive about the case at these hearings (who gets what, etc.), but uses them to keep track of case progress.

The longer a case goes, the more pressure parties will likely get from the court to finish up. This usually comes in the form of setting more frequent court dates and deadlines. Sooner or later, the court will assume that the parties will not --or cannot -- finish on their own, and will set a trial date or dismiss the case altogether.

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