Hingham, MA family law attorney James M. Lynch explains what happens at the Pretrial Conference in a MA divorce case. He states that the pre-trial conference is the most pivotal step in the entire divorce litigation process. It is typically scheduled about six to eight months after the case is filed and the summons and complaint have been served. At this stage, each party is required to comply with the court’s mandate to disclose all prescribed financial records, including tax returns, retirement accounts, and health insurance information. The philosophy of the courts is to have all cards on the table so that everyone knows exactly what they’re dealing with.

Prior to the pre-trial conference, the parties and their attorneys are required to meet about a week beforehand to narrow the contested issues. They are expected to agree on matters they can, leaving only the unresolved issues to be presented to the judge. At the conference, the judge weighs in according to their judicial philosophy, often resulting in one party receiving favorable news and the other less favorable.

He notes that approximately 90% of cases are resolved at or around the pre-trial conference. Cases that cannot be resolved at this stage proceed to full litigation, which can become a lengthy and costly process.