What is a Pretrial in a Connecticut Divorce?

There are all sorts of terms of art that get thrown around during Connecticut divorces.  At Freed Marcroft, we want you to understand what is happening in your divorce — including what different terminology applies.  Today, we will answer one common question, “What is a ‘Pretrial’ in a Connecticut Divorce?”

What is a Pretrial in a Connecticut Divorce?

“Pretrial” is shorthand for “pretrial conference.”  A pretrial conference is a settlement meeting required by the court.  Otherwise put, a pretrial is when the court brings the parties together to assist them in deciding how to resolve their disputes themselves.

Special Masters Pretrials vs. Judicial Pretrials

There are two types of pretrials in Connecticut divorces, special masters pretrials and judicial pretrials.  In both, professionals experienced with Connecticut divorce law are there to help the parties reach an agreement.  In a judicial pretrial, that person is a judge.  In a special masters pretrial, one or two experienced divorce lawyers volunteer their time to assist spouses in resolving their disputes.

What Can I Expect at My Connecticut Divorce Pretrial?

Unlike a trial, neither type of pretrial generally takes place in a courtroom.  Special masters pretrials are generally held in a courthouse conference room, whereas judicial pretrials tend to be held in the judge’s chambers.  Commonly, two attorneys serving as special masters. While spouses are required to be present in court for pretrial conferences, often they don’t actively participate with the judge or the special masters.

Instead, lawyers meet with the judge or special masters.  Each attorney presents his or her view of the facts of the case, as well as his or her client’s proposal for settlement.  After hearing from both attorneys, the judge or special master gives a non-binding settlement recommendation.  The attorneys share that recommendation with clients, and settlement discussions continue.  What occurs during a pretrial conference is privileged and may not be introduced as evidence in the event of a trial down the line.

When Is the Pretrial?

Pretrial conferences are regularly scheduled when parties enter into a Case Management Agreements — typically 90 to 120 days after the divorce begins.  Pretrial conferences usually take place after the majority of discovery has been completed, to set the stage for meaningful settlement discussion.

What’s Required Before the Pretrial?

Prior to a pretrial conference, both spouses must exchange a memorandum explaining the basics of the case.  The parties must also exchange proposed orders that reflect what both parties seek, updated financial affidavits, and if there are children, proposed Child Support Guidelines.

What Happens After a Pretrial Conference?

If you reach a full agreement at the pretrial, your attorneys will prepare a Separation Agreement, outlining the terms of the agreement, and an Uncontested Divorce Hearing will be scheduled.  That hearing is where you will officially be divorced.  At Freed Marcroft we have developed a library of client-only resources to help you prepare for the pretrial — both practically and emotionally.

If you resolve some issues at the pretrial, that’s a win too.  Settlement discussions can continue.  If a wholistic settlement is not reached, your case will ultimately go to trial with narrowed issues.

Next Steps

At Freed Marcroft, we want you to understand what is happening in your divorce.  To learn more about the difference between a pretrial and a trial, please click here.

A skilled legal strategy rooted in your goals shines at pretrials.  Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals for your life. Once we discover your goals at the Goals and Planning Conference, we are able to take our collective experience with divorce, law, the available ways to divorce, strategy, courts, judges, and other lawyers, and build a divorce customized for you.

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