What Will Happen At Your Cook County Divorce Pretrial Conference?
A divorce pretrial conference can raise questions about your finances, parenting arrangements, property division and what happens next in your case. If you have a conference scheduled in Cook County, you may be wondering what the judge expects and how the meeting could affect your divorce.
At Lake Toback DiDomenico, our Chicago, Illinois divorce attorneys help clients prepare for their pretrial conferences, understand what to expect and protect their interests as they work toward resolving their divorce.
The Daley Center Vs. Zoom: Do You Have To Attend Your Pretrial?
Many Cook County divorce cases are heard at the Richard J. Daley Center in downtown Chicago, and some judges allow Zoom appearances. Your judge’s order sets the format and says who must attend. Often, your lawyer attends while you stay reachable to approve or reject proposals. Ask us which option applies to you.
The Cook County Pretrial Memorandum: What The Judge Reviews Before Your Conference
Before the conference, each attorney prepares a pretrial memorandum. Pursuant to Cook County Domestic Relations Division rules, attorneys must complete and submit the official Uniform Settlement Pretrial Conference Memorandum prior to the conference, including:
- Marriage and separation dates, along with each spouse’s age and occupation
- Gross and net income from all sources
- Marital and nonmarital assets
- Outstanding issues that require resolution
Accuracy matters. The judge uses the memorandum to see where you and your spouse agree and differ, so we review every line with you first.
Inside The Judge’s Chambers: How Domestic Relations Judges Recommend Settlements
A pretrial conference is not a trial, and no witnesses testify. The attorneys meet with the judge, often in chambers, to discuss the case candidly. Although a judge’s pretrial recommendation is nonbinding, it reflects how the judge is likely to rule if the case proceeds to trial on the same facts. The primary methods judges use to encourage and facilitate settlements include the following:
- Mandating alternative dispute resolution (ADR): Judges may require mediation or settlement conferences to help spouses resolve custody, parenting time and property disputes before trial.
- Reviewing each party’s legal position: Judges may explain how the law applies and outline the potential risks of going to trial to encourage realistic settlement offers.
- Evaluating settlement fairness: Judges review proposed marital settlement agreements for fraud, undue pressure, hidden assets and unfair financial terms.
- Highlighting the costs of litigation: Judges may stress the expense and uncertainty of trial and explain that rejecting a reasonable settlement could lead to attorneys’ fees.
We will walk you through these discussions and help you assess a proposed settlement and decide how to proceed with your divorce.
What Happens Next: Finalizing The Marital Settlement Agreement Vs. Setting A Trial Date
After the conference, your divorce case usually takes one of two paths:
- Settlement: The attorneys draft a marital settlement agreement, and the court reviews it at a prove-up hearing before entering a judgment.
- No settlement: The judge may set a trial date, and the parties may continue discovery or prepare for trial.
Both paths call for careful preparation. We talk through your options afterward so you can choose your next step.
Call Us To Prepare For Your Cook County Divorce Pretrial Conference
Lake Toback DiDomenico is located in the heart of Chicago’s Loop, and we are ready to talk. Call 312-288-8985 or contact us online to speak with a Cook County divorce attorney about your pretrial conference.