When you get divorced in Fulton County, Georgia, the family court requires a series of status conferences. Sometimes people do not understand the purpose of these meetings.
You will attend the status conference with your attorney, but they are not formal hearings. Call our firm to learn more about what status hearings are in a divorce case and how they can impact you.
Divorce Status Conference Basics
Divorcing parties do not request a status conference—the family court schedules them at regular intervals after a divorce petition. These meetings allow the couple to update the court on any agreements in place and any concerns that cannot be agreed upon. The first conference happens 30 days after the filing is complete. Subsequent meetings happen at the 60-day and 120-day marks, if necessary.
Status conferences take place in a conference room at the courthouse. Both parties and their lawyers must attend. The judge usually does not participate in the status conference; a judicial officer (JO) manages the meeting.
At the first status conference, the parties must bring a completed, detailed questionnaire as well as substantial financial documentation, including tax returns, pay stubs, and receipts relating to the children’s expenses. If the couple has not settled by the date of the 60-day conference, the JO might order them to mediation. If they have not resolved their differences by the 120-day conference, the JO will set the matter for trial.
Powers of the JO
The JO essentially stands in for the judge in the preliminary proceedings leading to a divorce trial. The JO must be an attorney in good standing with the Bar, a county resident, and have substantial experience in family law practice.
The JO oversees the discovery process and confirms that the parties are producing requested documents at a reasonable pace. If one side is delaying, the JO might impose a schedule. The JO also can issue temporary orders on matters such as child support and alimony.
The JO resolves technical and temporary problems that could delay the proceedings. If the parties are disputing a specific issue, the JO might offer their opinion. Unless the parties object, a JO can rule on motions. If a party wants the judge to preside over all matters pertaining to their divorce, they could file a Rule 1000-4 motion. Our experienced divorce attorneys can discuss the pros and cons with you before filing the motion.
Why Is a Status Conference Important?
Courts use status conferences to relieve pressure on their docket. Judges in Georgia family courts are stretched thin, with many matters requiring their attention. Using status conferences to manage discovery and minor disputes between the parties to a divorce allows the judge to focus on pressing matters.
When routine matters can be handled at a status conference, the parties do not need to wait for a judge to hold a hearing or make a decision. Regular status conferences also promote clarity and efficiency. Both are necessary to keep a case moving forward.
Identify the Outstanding Issues
At every status conference, the parties must articulate the issues that are preventing a settlement. The JO may ask questions that further crystallize the issues in dispute. A clear statement of the problem can help the parties focus on it and take attention away from side issues that may be creating a distraction.
Sometimes the discussion reveals that the parties are not as far apart as they assumed. In other cases, it might reveal that one or both sides are refusing to budge from their positions. In that case, the JO might offer an opinion about the likelihood of a specific position prevailing, which can spur more productive negotiations.
Resolve Contentious Issues Outside of Court
A contentious divorce often involves motion practice. When the two sides disagree about a specific issue, or when one side is not fully complying with their obligations, an Atlanta family law attorney might prepare a motion asking the family court judge to rule on the issue.
Motions can significantly prolong a divorce. Negotiations often stop until the judge has ruled, and sometimes it can be weeks or even months before the family court issues a decision. A JO can often resolve an issue before the parties must file motions.
Find Points of Agreement
Status conferences can speed settlements. They offer an opportunity for the parties to find common ground and build on it. Having all the parties present in an informal atmosphere can create a sense of collaboration and spur negotiations that lead to settlements.
How to Make the Most of a Status Conference
Status conferences are mandatory for the parties and their lawyers. They provide a time-efficient and cost-effective chance to make significant progress if everyone attends with the will to make it fruitful. Our divorce attorneys in Atlanta can ensure that each party understands the process and has a list of action items to be resolved or at least considered at the status conference.
It is essential to be prepared. Bring all potentially relevant documents. Prioritize issues that can be resolved at the conference and inform the JO of upcoming issues that may require the JO’s involvement.
Recognize that immediate mediation is a possibility. Many Georgia family courts have divorce mediators on-site, and a JO could suggest that a couple speak with a mediator during the status conference. Couples with clarity about their goals can make productive use of the opportunity.
Joint Decline Is Sometimes Possible
Sometimes, a status conference seems unnecessary. For example, perhaps the parties completed discovery, went to mediation, and are close to finalizing agreements on all the remaining issues. There are no disputes and nothing for a JO to decide, so a status conference is not an efficient use of anyone’s time.
If both parties agree, they can jointly request that they not be obligated to attend a scheduled status conference. Doing so saves the parties the expense of paying their lawyers’ fees for a meeting with no purpose.
However, if there has been no joint request for a cancellation or no confirmation of cancellation has been received, attendance is essential. Absence from a status conference can delay the case or result in important decisions being made without the absent party’s input.
Work With Our Attorneys to Ensure You Are Prepared for Status Conference Hearings
Status conferences can help make sure both parties to a divorce are providing documents and other information promptly. They also allow the parties to meet together with their lawyers and a third party to discuss the issues in dispute.
Having a trusted Georgia divorce attorney by your side during a status conference can help you meet your goals. Schedule a consultation today to learn more about status conferences in family court.
