Complete these steps before your divorce trial

If you’re going to trial, there are important steps you must finish first. These steps help you get ready and avoid delays.

 

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Ask for a trial date

To have a trial, you must ask the court to set a trial date. This is sometimes called “setting the case for trial.”

Each court has its own process. You may need to:

  • Fill out a local court form

  • File the form with the court

  • Serve the other person

In some cases, a judge may set a trial date during a hearing if you and your spouse can’t agree.

After the court sets your trial date, the judge may:

  • Set other court dates

  • Give you deadlines

  • Order you to file papers, such as a trial brief

📌 Read all court notices carefully. They may include tasks you must complete before trial.

Finish your final financial disclosures

This step is required.

You must exchange your final financial information with your spouse at least 45 days before the first scheduled trial date.

⚠️ If your trial date changes, the 45-day deadline does not change.

If you and your spouse agree to waive final disclosures, you can use Stipulation and Waiver of Final Declaration of Disclosure (form FL-144).

Learn how to complete financial disclosures

Go to a settlement conference

Most courts require a settlement conference before trial.

A settlement conference is a meeting where:

  • You

  • Your spouse

  • A judge or experienced attorney

try one last time to settle the issues in your case.

If you reach an agreement:

  • The agreement becomes part of your final judgment

  • You won’t need a trial

If you have a settlement conference, you may need to file a settlement conference statement. This usually explains:

  • The issues you still disagree about

  • What you’re asking the judge to order

Get more information through discovery (optional)

This step is optional.

Discovery is the legal process you use to ask your spouse for more information. You may need this if financial disclosures don’t give you enough details.

Through discovery, you can:

  • Ask written questions

  • Request documents

  • Ask the court to order your spouse to respond

⚠️ You must finish discovery at least 30 days before the first scheduled trial date.

That means any discovery you serve must have a response deadline that is at least 30 days before trial.

Discovery takes time. Plan ahead.

Learn how to conduct discovery prior to your trial 

Key takeaways

  • You must ask the court to set a trial date before you can have a trial.

  • You must exchange final financial disclosures at least 45 days before trial.

  • Most courts require a settlement conference before trial.

  • Discovery is optional, but you must complete it at least 30 days before trial.

  • Read all court notices carefully so you don’t miss deadlines.

Divorce Trials

What's next?

Once you've completed the required pre-trial activities, you can begin to prepare for the trial.

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