What To Expect At Your Preliminary Conference In A New York Divorce

Executive Summary:

The preliminary conference is one of the first big steps in the New York divorce case timeline, and it can feel overwhelming if you don’t know what to expect. This guide walks you through what happens at a preliminary conference in a New York divorce, why it matters, and how it fits into the bigger picture of your case. Whether you’re dealing with issues like child custody, property, or finances, understanding the process early on can help reduce stress and keep your case on track.

What Is a Preliminary Conference?

In a contested divorce, the court will schedule a preliminary conference soon after the case is filed. This is a formal meeting between the parties, their attorneys, and the judge to discuss the major aspects of the divorce and establish a timeline.

During the preliminary conference, the court reviews what issues are involved, such as:

• Child custody
• Child support
• Spousal support (alimony)
• Property division
• Business valuations or financial disclosures

If you’re wondering what happens at a preliminary conference in a New York divorce, think of it as the court’s way of getting organized. It’s not a trial, and no final decisions are made at this point. But it does set the stage for how your case will proceed.

Why It Matters in the New York Divorce Case Timeline

The New York divorce case timeline begins once one party files for divorce. If both spouses cannot agree on key issues, the case is considered contested. That’s when the court will schedule a preliminary conference, typically within 45 days.

This early meeting plays a crucial role in shaping the direction of your case. It helps determine:

• Which documents must be exchanged and when
• Whether expert evaluations will be needed
• Which temporary orders may be issued
• Deadlines for motions or discovery
• When future court dates will take place

Knowing what happens at a preliminary conference in a New York divorce gives you a clearer picture of what’s coming next. It’s the roadmap your case will follow, helping to avoid unnecessary delays and keeping everyone accountable.

What Happens at a Preliminary Conference in a New York Divorce?

The process of a preliminary conference depends on the specifics of your case, but generally, here’s what you can expect:

• Your attorneys will meet with the judge: While you’ll be present, much of the conversation happens between your legal representatives and the court.
• Each side outlines the issues in dispute: This could include custody disagreements, financial concerns, and/or property disputes.
• The judge will issue a scheduling order: This lays out a timeline for the case and becomes a key part of your New York divorce case timeline.
• Financial disclosure requirements are discussed: This is when the court makes sure both parties know which documents need to be shared.
• Settlement is often encouraged: Even though the divorce is contested, the judge may ask whether there’s any room for negotiation or resolution outside of court.

The goal is to get the case feeling organized, moving forward, and heading toward either settlement or trial. 

What You Need to Bring

Before the preliminary conference, your attorney will likely help you complete a Statement of Net Worth. This document outlines your income, expenses, assets, and debts and is required by the court.

You may also need to bring:

• Recent pay stubs
• Tax returns
• Bank statements
• Documentation related to property or businesses

If your case involves children, you may also be asked to provide information about current parenting arrangements or custody preferences.

We ensure that our clients in Brooklyn and Manhattan arrive at the preliminary conference with all necessary documents in hand, so that their case moves forward without delay.

Common Misunderstandings About Preliminary Conferences

It’s natural to feel anxious before your first court appearance, especially if you’re unfamiliar with the process. Here are a few common misconceptions when it comes to a preliminary conference in a New York divorce:

• It’s not a trial: No final decisions are made about custody, support, or property.
• You don’t need to testify: You’ll be present, but you’re not expected to speak unless the judge addresses you directly.
• It’s not a negotiation: While the court may ask about potential settlements, the main purpose is scheduling and disclosure.
• It won’t resolve everything: The preliminary conference sets the framework, but there’s still a lot of work to be done afterward.

When you know what happens at a preliminary conference in a New York divorce, you have a sense of control as your case begins.

What Comes Next in the New York Divorce Case Timeline?

After the preliminary conference, the court expects both parties to follow the scheduling order. That may include:

• Exchanging documents during the discovery process
• Participating in mediation or settlement conferences
• Filing motions related to support, custody, or property
• Preparing for trial if no agreement is reached

The New York divorce case timeline varies depending on how complex your case is, how cooperative both parties are, and whether disputes can be resolved out of court. The preliminary conference ensures that everyone is working from the same plan.

In both Brooklyn and Manhattan, courts rely on this structure to prevent delays and keep cases moving forward.