There are a lot of different types of hearings in an Illinois divorce. You might be wondering what a pretrial conference is, and what you should expect. Pretrials are meetings, usually between the judge and the attorneys, to get an idea of where things are headed and plan for the end of the case. No decisions are made, but it can be a critical part of the process to resolve the case or resolve particular issues.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. Our team helps with Illinois divorces, including pretrials, trials, and post-decree actions. Whatever you need, we’re ready to talk to you about it.
The Purpose of a Pretrial Conference
The pretrial conference is a meeting. It is usually in the courtroom or the judge’s chambers. Present are the judge and the attorneys for each party. In certain situations, the parties may also be involved, especially if one person is unrepresented.
Judges use pretrial conferences to:
- Identify the issues still in dispute
- Review each party’s position and supporting evidence
- Provide guidance on how the court is likely to rule
- Encourage realistic settlement discussions
- Set deadlines for remaining steps in the case
Judges often offer their thoughts on the case or outline what they expect. This can be helpful for moving the case forward.
What Happens Before the Pretrial Conference
Before the conference, both sides submit a pretrial memorandum. This document outlines unresolved issues, including:
- Parenting time and parental decision-making
- Child support and maintenance
- Division of marital property and debts
- Any requests for attorney’s fees
- Relevant facts and legal arguments
What to Expect During the Conference
The pretrial is usually just for the judge and the attorneys. The parties are not involved unless the judge requests it, but you may be expected to appear. This is often because settlement discussions may occur at pretrials. Courts may handle their pretrial differently from judge to judge.
Here is what usually happens:
1. Each Side Presents Its Position
Your attorney will summarize what you are looking for, the legal support for it, and any facts. The other side will offer their side of things.
2. The Judge Gives Feedback
The judge might offer an assessment of their current thoughts. This may include:
- A recommended parenting schedule
- A suggested maintenance amount and duration
- How the judge would divide major assets or debts
- Guidance on disputed financial issues
This feedback is not an order, but it is influential.
3. Settlement Discussions Follow
Once the judge gives their thoughts, the attorneys will usually head out of the room and talk some more to try to resolve the case. Many cases can resolve, as trial may not be necessary.
If settlement is reached, the attorneys draft an agreement for the judge to review and approve.
4. Next Steps Are Scheduled
If the case does not settle, the judge will:
- Set deadlines for remaining discovery
- Schedule hearings on temporary issues
- Identify witnesses and evidence needed for trial
- Set a trial date
How to Prepare for a Pretrial Conference
Before the pretrial, you should:
- Review your goals and identify where compromise is possible
- Ensure all financial documents and disclosures are complete
- Discuss potential settlement options with your attorney
- Understand the strengths and weaknesses of your case
- Be ready to make decisions quickly during negotiations
Speak With an Illinois Divorce Attorney
A pretrial conference may not sound that important, but it is. Knowing the local courts and judges can make a big difference, as the attorney knows how the judge likes the case to progress and how the evidence should be presented. Hiring an experienced, local attorney is key.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.