This guide should be used at the start of a case. In fact, we try to make it a practice to start our mandatory settlement conference briefs, which may need to be converted to trial briefs, on day one of a divorce or paternity case. Next, for every day of trial expect at least 2-3 days of preparation time. If your trial is set for four days, expect at least 12 full days of preparation time. Why? Discovery must be propounded such as subpoenas, demand for production of documents and special interrogatories to secure documents needed to prove your matter at trial.

I remember my first year of practicing family law; things like holiday schedules were immensely perplexing for me. For example, I had one case where the parents could not agree on how to share the child’s birthday. We appeared at a contested hearing over the birthday. I was shocked that something that caused the parents so much consternation could be resolved in one minute by the Judge who ruled: “Whoever has the child on his birthday celebrates with him. The other parent can hold a separate birthday party for the child during his or her parenting time. Guess how happy he will be to have two birthday parties? So ordered.” Done. There it is – two birthday parties.

Summer is winding down, vacations are ending and the kids are going back to school. This is the perfect time for pre-divorce planning. Here are some things to keep in mind if you are heading down this path or are already on it.