The Preliminary Conference in an action for divorce pending in the State of New York is generally the first court conference held in a contested action for divorce. The conference takes place at the courthouse before the Judge assigned to the case and is usually held within 45 days of the Judge being assigned to the case. A Judge is assigned to a divorce action in New York State after a party files a Request for Judicial Intervention also known as an RJI.
Each party will exchange and file with the Court Statements of Net Worth prior to the Preliminary Conference or at the Preliminary Conference. In a contested divorce action in New York, the Statement of Net Worth is a very important form that provides details about a person’s financial circumstances such as monthly expenses, income, assets and liabilities.
Both parties to a divorce action in New York must be present at the Preliminary Conference unless the Judge assigned to the case excuses the parties’ presence.
The main purpose of this initial Court Conference is to simplify the divorce action and make certain that it proceeds in a speedy and orderly manner. The issues to be discussed at the Preliminary Conference may involve the following:
- Any request by either party for temporary relief including temporary spousal support, temporary child support, exclusive use of the marital residence and interim counsel fees;
- Simplification of the issues involved in a case;
- Establishment of a timetable for the completion of financial discovery;
- The need for the Court to appoint an attorney to represent the children of the marriage in cases where Child Custody or Visitation is in dispute.
At the close of the Preliminary Conference, the Court will direct the parties to stipulate in writing as to all of the issues that have been resolved which the Judge will then sign making the agreement of the parties a Court Order which is binding on the parties.
If you find yourself having to appear in Court for a Preliminary Conference in a Long Island Divorce, it is important to have competent and experienced legal representation at the Preliminary Conference to make certain that your rights are protected and to make certain that your case does not take longer to resolve than necessary.
If the Divorce Action is in Nassau County, the Preliminary Conference will be held at the Courthouse located at 400 County Seat Drive, Mineola, New York 11501.
If the Divorce Action is in Suffolk County, the Preliminary Conference will be held at the Courthouse located at 400 Carleton Avenue, Central Islip, New York 11722.
Work with an Experienced Divorce Lawyer on Long Island
If you are faced with a family law matter, such as divorce, you do not have to handle this matter on your own. Rubenfeld Law Firm has the experience and ability to help you through every step of your case. For more than 25 years, the firm has guided clients through their cases and helped to protect their rights. For a free consultation, contact the Long Island divorce attorney!