Request For Trial Setting (FAM-014) : What Happens At A TSC
Tim Blankenship here with divorce661.com today we’re answering the question what happens at a trial setting conference.
So, while 90 percent of the cases we handle are completely amicable and our clients do not go to court when we enter into a full agreement, sometimes I’d say 5, 10 percent of the time maybe the cases go a little sideways, not everything is in agreement as they thought and so they’re going to need to at least start getting into the court system.
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The 1st thing you would file to get into the court system is what’s called a trial setting request, a request for trial setting exactly and what happens with that 1st hearing, once you file that form you’ll get a hearing in about 1 to 2 months, usually 2 months or so, and at this trial setting all the court is doing is ascertaining what exactly are the issues and why you guys are unable to come to an agreement.
On the request for trial setting it basically says we have the following issues, the divorce itself, child custody, child visitation, child support, so you basically will mark off what the issues are.
So at the trial setting there isn’t anything you have to prepare for, there’s not going to be anything in the exhibits or they’re not going to be talking about any orders, or anything like that, the court is simply going to say okay what’s going on, you guys filed on this date, you responded on that date and these are these issues, briefly tell me what the issues are and then the judge will impose some orders of certain things they want you procedurally they want you to do.
Meaning they’ll probably say well if you haven’t prepared your preliminary declaration disclosure both of you need to do that by this time and then take these actions by this time and come back for the next trial setting conference or they may even elevate it to like a mandatory settlement conference or something like that.
So it’s basically the trail setting conference is simply the 1st step in the court ascertaining what the issues are so they can put you on a path to resolving it through a series of hearings, case management conferences, which would be the next step up to a mandatory settlement conference and then ultimately to trial.
So those are kind of the steps leading up and with each one you get closer and closer to being able to come to an agreement and letting the other party know what the issues are and letting the court know what the issues are and then, ultimately if you’re unable to resolve them through those series of hearings, it will result in trial as a last resort.
Tim Blankenship, divorce661.com give us a call if you need any help with your divorce anywhere in California 661 281 0266 or you can go to divorce661.com for more information.