If you and your spouse have unresolved issues from your divorce negotiations, you’re likely preparing for trial to sort and solve those problems. Before you enter actual court proceedings, you’ll probably have a pretrial hearing to discuss the matters at hand and to determine the best way forward.
A pretrial hearing is often one of the last steps in the divorce process before the divorce actually heads to court. In most states, including Ohio, the judge will require both parties to attend another out-of-court hearing (or set of hearings) to try to resolve any outstanding issues. Litigation is seen as a last resort.
How an Attorney Will Present Your Case
Your divorce attorney will start by presenting the remaining issues that need to be resolved along with any disclosures and evidence that would theoretically aid in your case. Your attorney likely did most of his or her legwork in the discovery process and has taken a larger look at the viability of your case. You should have a good idea going into court which issues are still outstanding and your chances of a favorable outcome.
Pretrial Conference Attendance
Especially in the pandemic era, physical attendance at these hearings may not even be possible and likely requires only the attorneys’ attendance. The judge’s goal is to understand what needs to be resolved and keep equity and fairness in mind.
Settling at a Pretrial Hearing
In other cases, a pretrial hearing actually helps settle the remaining issues within the divorce. Although no one is pressured to solve the problems, it can be in everyone’s best interest (with court looming) to figure out a path forward before getting a judge involved. If you and your spouse reach an agreement, it will be formalized and put on the record.
Garretson & Holcomb, LLC has plenty of experience resolving divorces both in and out of court. If you’re heading towards a split in the West Chester, Mason, or Hamilton area, call our team today at (513) 863-6600 to learn more about the tenacious and effective representation we offer.