A status hearing keeps a divorce case moving forward. The process, which usually lasts between six and twelve months, often bogs down, for one reason or another. Family law status hearings avoid unnecessary delays and help ensure that all parties involved, most the attorneys, are doing their jobs.
Usually, attorneys confer before the status hearing and present a unified report to the judge. This collaboration doesn’t mean the attorneys are in cahoots with each other. These conferences eliminate the need for longer, and more expensive, hearings.
Above all, a status hearing is not just a meaningless procedural hearing. Each time the judge considers a family law matter, attorneys from each side have a chance to promote their clients’ legal and financial agendas. Ill-prepared lawyers miss this chance. Well-prepared lawyers take full advantage of every opportunity.
Kinds of Status Hearings
The judge could require the parties to attend a status hearing for any reason. Most status hearings concern one of the following topics.
DWOP
A court’s motion for Dismissal for Want of Prosecution (dee-whop) is one of the most common reasons for a status hearing.
Many couples reconcile, or attempt to reconcile, during the divorce process. Others run out of money to pay their lawyers. Still others abandon their cases for another reason, perhaps because they moved to another state.
These status hearings are also called show-cause hearings. The petitioner (filing party) must convince the judge to keep the case on the docket. A slight variation of the show-cause hearing is the checkup hearing. When judges instruct parties to take certain actions, such as ordering a real estate appraisal, judges want to ensure the parties followed through.
Social Services Investigation
Most judges order social services investigations in contested child custody matters. A social worker examines relevant records, like school and medical records, interviews the people involved in the case, and makes a custody/visitation recommendation.
These status hearings often lead to full hearings. If the social worker’s recommendation is contrary to the current arrangement, one party often files a motion to modify custody and/or visitation.
GAL Report Status Hearing
A guardian ad litem is a legal advocate for the children in a case. Judges usually appoint GALs in very contentious cases or if the children have property, such as a trust fund.
Typically, judges hold GAL status hearings about three or four months after the appointment date. This time delay gives the GAL time to investigate the case and submit a report, which is much like a social services investigation report.
GALs continue to represent the children in future hearings, be they status hearings or fill hearings. Additionally, GALs usually participate in settlement negotiations.
The Aftermath of a Status Hearing
A status hearing’s order usually includes an action plan. The judge might want additional information, such as the aforementioned real estate appraisal, before s/he makes a decision.
More frequently, a status hearing order includes a referral to mediation or another form of alternative dispute resolution. Most judges dislike trails. They’d much rather the parties work out their differences among themselves, with the assistance of a mediator or another independent professional if necessary.