Preliminary Conference in a New York Divorce: What to Expect

Divorce proceedings in New York can be complex, especially in contested cases where spouses disagree on issues such as child custody, spousal support, and property division. One of the first major steps in a contested divorce is the Preliminary Conference, a court-mandated meeting where both parties and their attorneys appear before a judge to outline the key issues in the case.

Understanding the purpose, process, and outcomes of a Preliminary Conference Divorce New York can help you prepare for this important step in your legal proceedings.

What Is a Preliminary Conference in a New York Divorce?

A Preliminary Conference (PC) is a court-ordered meeting held early in a contested divorce case. It is scheduled after one spouse (the plaintiff) files for divorce and the other spouse (the defendant) responds. The conference allows the judge to:

• Identify the key issues in dispute.
• Set deadlines for exchanging financial documents.
• Discuss temporary orders (such as child support or spousal maintenance).
• Establish a timeline for discovery and future court appearances.

The Preliminary Conference is mandatory in contested divorce cases and helps streamline the legal process to avoid unnecessary delays.

When Does a Preliminary Conference Take Place?

Once the plaintiff files a Request for Judicial Intervention (RJI), the court schedules the Preliminary Conference within 45 days. Both spouses and their attorneys must attend in person or via virtual court, depending on the county’s requirements.

What Happens During a Preliminary Conference?

During the Preliminary Conference, the judge will:

1. Review the Case Details

The court will review the divorce petition, the defendant’s response, and any preliminary motions filed by either party. This includes requests for child custody, spousal support, or restraining orders.

2. Identify Contested Issues

If the spouses disagree on asset division, alimony, child support, or parenting time, the judge will note these issues and determine how they should be addressed.

3. Establish a Discovery Schedule

Both parties are required to exchange financial information, including:

• Statements of Net Worth
• Tax returns, bank records, and credit card statements
• Real estate and business ownership records

The court sets deadlines for completing discovery, ensuring transparency in the financial aspects of the divorce.

4. Discuss Temporary Relief Orders

If necessary, the judge may issue temporary orders regarding:

• Child custody and visitation
• Child support payments
• Spousal maintenance (alimony)
• Exclusive use of the marital home

These orders remain in effect until the divorce is finalized or modified by the court.

5. Schedule Future Court Dates

The judge will set deadlines for mediation, settlement discussions, and potential hearings. If the case does not settle, the court will schedule a compliance conference and, eventually, a trial date.

How to Prepare for a Preliminary Conference

Since the Preliminary Conference sets the stage for your divorce case, being well-prepared can make a significant difference. Here’s how you can get ready:

1. Complete a Statement of Net Worth

This document details your income, expenses, assets, and debts. Both parties must submit this form, as it plays a key role in determining property division, child support, and alimony.

2. Gather Financial Documents

Bring records of:

• Recent tax returns
• Bank statements
• Investment and retirement accounts
• Mortgage and loan documents

3. Identify Key Disputes

Discuss with your attorney what issues are most important to you, whether it’s child custody, spousal support, or division of assets. Having a clear position can help in negotiations.

4. Consider Settlement Options

The judge may encourage early settlement discussions to resolve disputes without a lengthy trial. Be prepared to discuss possible agreements.

What Happens After the Preliminary Conference?

Following the Preliminary Conference, the case moves into the discovery phase, where both sides exchange financial information and gather evidence. If disputes remain unresolved, additional court appearances may be required, including:

• Compliance Conference – Ensures both parties are following court orders and meeting deadlines.
• Settlement Discussions or Mediation – Encouraged by the court to resolve disputes amicably.
• Trial – If no agreement is reached, a trial date will be set, and the judge will decide on contested issues.

Many cases settle before reaching trial, especially if both parties comply with court orders and negotiations progress effectively.

Can a Divorce Be Settled at the Preliminary Conference?

Yes, some divorces can be resolved at the Preliminary Conference if both parties reach an agreement on major issues. If this happens, attorneys draft a Stipulation of Settlement, and the case moves toward finalization without trial.

However, if significant disputes remain, the court will continue overseeing the case until a resolution is reached.

Final Thoughts

The Preliminary Conference Divorce New York is a crucial step in contested cases, helping to organize the legal process and encourage settlements. Understanding what to expect can help you prepare effectively, ensuring your rights and interests are protected.