Divorce is an intimidating word. If you’re on your way toward a preliminary divorce hearing, you may be unsure what to expect or how to prepare. Here’s what you need to know before you head in.

Purpose

The intention of a preliminary divorce hearing is to pave the way, or create a road map, through which you’ll decide how to navigate your divorce. It can help establish a timeline of events and necessary actions that need to be taken as part of the divorce, clarifying it for both parties involved. This is also when a court gets familiar with your case for the first time.

Sometimes known as a case management conference, a preliminary divorce hearing is quickly established after the initial divorce proceedings are filed, which includes the divorce petition, also known as a “complaint,” and the response, also known as the “answer” to the complaint. After these steps are taken, the hearing will take place with you and your attorney present. A divorce attorney is essential in helping you to assess and understand your financial state as well as your spouse’s financial state, and how that will develop in relation to the separation proceedings. This is also where issues concerning parenting, both temporary and long-term, will be discussed for during and after the divorce proceedings.

What Happens

Every state is different on how it conducts divorce hearings, but it’s usually required that both spouses and their attorneys be present. It is legally acceptable in most cases for someone to choose not to have a divorce attorney, though not recommended. The judge will conduct and lead the hearing, or in some cases one of their clerks will do so on their behalf, and these meetings usually take place in a courtroom. There are instances when a judge will conduct the hearing in their office as a more private setting, or even via phone conference call. It depends on the judge and the situation, as the complexity of a case may require the individuals to be present.

The hearing itself doesn’t usually take long. The case itself may not be called, or the outcome determined, for a short while. It depends on how busy a clerk is, and how many other cases they have to process first before finalizing yours.

Spouses aren’t required to speak in these meetings, unless they have no representation. Their attorneys will communicate on their behalf. If you are in a position where you are requesting some kind of temporary relief from your spouse, such as a domestic violence or child abuse case requiring a restraining order, that will be a part of the preliminary hearing and may require spouses to give testimony. An agreement on matters of safety will be addressed immediately, at that time, by the judge present.

How to Prepare

It really begins with finding the right attorney to represent you. They can walk you through the steps of your divorce filing process even before any paperwork begins to be filed. They will be your support partner through this process, when you can confide any safety concerns or financial disparities between you and your spouse, and they can help represent you through legal action. The best lawyer for divorce in San Antonio, Texas, can help see you through to the other side.