What is Discussed at an Initial Status Conference?

• Quick answer: Purpose of a status conference in divorce
• What is an initial status conference?
• How to prepare
• Key objectives
• What will be discussed at the conference?
• Courtroom etiquette
• FAQ

An initial status conference (ISC) is the first hearing that’s set in your divorce. During this conference, you’ll meet the judge and get an idea of how your case is likely to proceed. Read on to learn what to expect, how to prepare, and the likely outcome of an initial status conference.

Quick answer: Purpose of a status conference in divorce

A status conference is a court meeting during which a judge reviews the case's progress with both parties (spouses) to ensure that everything is on track. During the conference, the parties involved can address any issues and set deadlines for future actions. The point is to keep the case moving forward as smoothly and efficiently as possible. 

What is an initial status conference?

An initial status conference (ISC) is a brief meeting with you, your spouse, any attorneys involved, and the judge. It’s used for the judge to get an idea of where you stand in your divorce proceedings, whether you and your spouse agree on how to divide your property and debts (at least the big items), and what comes next for you in the legal process. 

Depending on where you live, this conference may not even be performed in a courtroom or in front of a judge. Some states use family court facilitators or magistrates for a more informal process. 

Read: We Agree on Everything, Why Do We Need to Go to Court?

How to prepare for an initial status conference during a divorce

In general, you will follow these steps:

1.  Gather documentation: Collect all relevant financial documents, including income statements, tax returns, bank statements, and any other assets or debts.
2.  Understand the issues: Identify and understand the key issues in your case, such as child custody, support, and property division.
3.  Consult your attorney (if you have one): Meet with your lawyer to review the case, discuss strategy, and ask questions.
4.  Complete required forms: Fill out any necessary court forms or paperwork that need to be submitted prior to the conference.
5.  Prepare a summary: Write a brief summary of your case to present to the judge, highlighting the main points and your desired outcomes.
6.  List out questions and concerns: Write down anything you want to address during the conference.
7.  Review the court's rules: Look up the court's procedures and expectations for the status conference (check the court website or ask a court clerk).
8.  Get organized: Secure your documents in an orderly manner, such as in a folder or envelope, for easy access during the conference.
9.  Be punctual and polite: Plan to arrive on time and dress appropriately for court (see more court etiquette below).
10.  Stay focused: Be prepared to discuss your case calmly and respectfully, focusing on the facts and issues at hand. Listen carefully during the conference.

If you have minor children, you may also be required to complete a parenting class. Some states require this even if your divorce is uncontested, while others only require it if the divorce is contested and you cannot agree on a shared parenting plan for your minor children.

Many parents take issue with a court telling them they need to take a parenting class. In reality, parenting classes teach more than simply how to parent minor children and may include topics such as the following:

•  How divorce affects young children
•  How divorce affects parents
•  Specific developmental needs of small children
•  Handling conflicts between divorced parents (without involving minor children)
•  How to have healthy relationships with divorced parents and minor children
•  Keeping the best interests of your child in mind

Every state has slightly different requirements, and every class may cover slightly different topics. But every course is intended to help both parents effectively navigate an emotionally charged time. 

When you complete your parenting class, you will receive a certificate of completion which you’ll need to provide to the court. If you don’t attend the class or provide the certificate of completion, you may face additional challenges.

Read: Why Do I Have to Take a Parenting Class?

If you go to your initial status conference and don’t have these key items completed, your divorce will be delayed. The judge, magistrate, or family court facilitator will schedule a follow-up conference, probably several months down the road, where you’ll need to prove the completion of these items. If you don’t complete them by the second status conference, you may find yourself in trouble and facing a reprimand from the court.

Key objectives of an initial status conference

The ultimate goal of an ISC is to make sure you have filed (or will file) all the necessary paperwork for your divorce. If your divorce is uncontested – you and your spouse agree divorce is the best outcome for the marriage – the process will be simpler. 

The key objectives of the ISC in divorce include:

1.  Case review and organization: The court reviews the case to understand the issues involved and to ensure all necessary documentation has been filed.
2.  Establishing a timeline: The court sets deadlines for future actions, such as discovery, mediation, or future court dates.
3.  Identifying disputed and agreed issues: The ISC helps clarify which issues are contested and which are agreed upon, which can streamline the process and focus efforts on areas needing resolution.
4.  Promoting settlement discussions: The court encourages spouses to work out a settlement without further litigation. Mediation can often help resolve one or two disputes.
5.  Setting temporary orders: If necessary, the court can issue temporary orders regarding child custody, support, and other immediate concerns to provide stability until the divorce is finalized.
6.  Facilitating communication: The ISC provides an opportunity for both parties to communicate directly with the judge and each other.

In cases where a couple is unable to agree on the distribution of everything, the court may set another status conference in one to three months as a check-in. Some states set timelines for a status conference; others leave it to a judge’s discretion. 

Note: Courts are increasingly backed up, and if you’re not prepared with everything at the initial status conference, the court may set a follow-up meeting months down the road, delaying the final date of your divorce.

What is discussed at an initial status conference?

At the initial status conference, you’re likely to discuss any issues you haven’t been able to resolve such as child custody, alimony, and any other matters you and your spouse cannot agree on. You may also discuss temporary orders. Temporary orders may be granted by a judge for a restraining order, temporary alimony, or a related matter.

An initial status conference can seem like a scary proposition, but the right guidance can ease your nerves and help you feel prepared, ultimately decreasing the amount of time you must wait to complete your divorce. 

Courtroom conduct: Etiquette and communication

Here is a refresher on basic courtroom etiquette. Read our full guide here.

• Wear professional, conservative clothing. Cover up piercings and tattoos as much as possible.
• Arrive on time. Plan accordingly and leave early if traffic or parking might cause delays.
• Be respectful to the judge, court staff, and all participants. 
• Stand when the judge enters or leaves the room. 
• Silence and put away your phone.
• Pay attention to and follow all instructions given by the judge or court staff.
• No eating or drinking (except for water if needed).
• Refer to the judge as "Your Honor." Stand when speaking to the judge or when you are addressed.
• Always tell the truth. Providing false information can have serious legal consequences.

FAQ about initial status conferences

What is the role of the judicial officer during the conference?

During an initial status conference, the judicial officer (usually a judge or magistrate) plays a crucial role in guiding the divorce process and ensuring that it proceeds efficiently and fairly. 

What if one of us disagrees with decisions made at the conference?

If you or your spouse disagree with decisions, you may have the option to appeal. Here's a brief overview of the appeals process:

1.  Determine eligibility: Not all decisions made during a status or pretrial conference are immediately appealable. Typically, only final orders can be appealed, while interim or procedural orders may need to wait until the final judgment.
2.  File Notice of Appeal: The party wishing to appeal must file a Notice of Appeal with the appropriate appellate court. This notice must be filed within a specific time frame, usually 30 days from the date of the order or judgment.
3.  Prepare the record on appeal: The appellant must ensure that the appellate court has all the relevant documents and transcripts from the trial court proceedings.
4.  Submit briefs: Both you and your spouse must submit written briefs to the appellate court. The appellant's brief outlines the arguments for why the lower court's decision was incorrect, citing legal errors or misinterpretations. The appellee's (the other spouse's) brief argues why the decision should be upheld.
5.  Oral argument: In some cases, the appellate court may schedule an oral argument.
6.  Appellate court decision: The appellate court reviews the briefs, the record, and any oral arguments before making a decision. The court can affirm, reverse, or remand the case. If the court affirms, the lower court's decision stands. If it reverses, the decision is overturned. If it remands, the case is sent back to the lower court for further proceedings consistent with the appellate court's ruling.
7.  Further appeals: If a party is dissatisfied with the appellate court's decision, they may seek a further appeal to a higher appellate court, such as a state supreme court or the U.S. Supreme Court. However, higher courts have discretion over whether to hear these appeals.

How do I attend a virtual ISC?

Since COVID-19, many courts have offered remote (online or phone) ISCs. Here are some things to know:

1.  Preparation: Ensure you have the necessary hardware (computer, smartphone, or tablet) and software (Zoom, Microsoft Teams, WebEx, etc.) installed and updated. Secure a stable and high-speed internet connection to avoid interruptions. Practice using the remote conferencing tool beforehand to understand its features, such as mute/unmute, video on/off, screen sharing, and chat functions.
2.  Environment: Choose a quiet, private location where you will not be disturbed. Ensure your face is well-lit. Avoid backlighting from windows or bright lights behind you. Use a neutral background. Some platforms offer virtual backgrounds if needed, or you can blur everything behind you.
3.  Documentation and materials: Keep all relevant documents, notes, and materials accessible during the conference. Have digital copies of documents ready to share via screen share or email if needed.
4.  Etiquette: All of the above rules for in-person court apply. Keep your microphone muted when not speaking to avoid background noise. 
5.  Follow any specific instructions provided by the court regarding remote participation.

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