What is a Status Hearing?
Status hearings are, essentially, "check-up" hearings in the context of family court. They generally happen over the course of several months (even as much as a year) in which the court tries to "check-up" on the status of the parties regarding the issues in their case. Note that the status of the parties does not necessarily indicate the status of the case, as the Court may over-litigate a case through many status hearings, and the case can still not progress to be resolved after all those interim hearings.
Many divorce cases go through one or more status hearings. The issues are many, varied, and complex, so often some degree of litigation is required. However, many times in divorce matters, intervening issues arise that delay the processing of the general case. Therefore, the status hearing system is utilized to "check up" on where the parties are regarding the problem causing the delay to the divorce case being finalized.
Married couples with children or pregnant couples find status hearings a common obstacle in their divorce matters. Legal proceedings are required to terminate a parental relationship , so often times monthly or bi-monthly status hearings become a part of the case. A short while later, the divorce case will be re-opened and included in the next set of status hearings for the next month, year, etc.
Often, the "problem" in either of these scenarios can be financial. Many divorcing parties wish to divide their assets, debts, and liabilities as quickly as possible and move on with their lives. However, due to some financial hurdle, the matter seems to get stuck in the court and the parties wind up returning several times over the months and/or years to participate in several status hearings before the court will finally rule on their divorce case.
Finally, status hearings are used where motions for contempt of court are filed, when the court believes there has been some violation of a court order. The status hearings are used to divide the issue up into several, smaller, more manageable parts so the court can assist the parties with better compliance with their court orders going forward.
The Purpose of a Status Hearing
The role of a status hearing is to monitor the progress of the case to determine if there is a need for further action. Typically, an attorney will request a status hearing because there is a specific question that needs to be resolved in the case. The judge will ask the parties for an update on their status. If the parties have fully complied with the order of the court, they will attend the status hearing informed of the next steps. The basic purpose of a status hearing is to determine how long it will take to resolve the matter currently before the court; and if the matter has concluded, how much longer it will take to finalize the case.
How Do I Prepare for a Status Hearing?
Status hearings are very different from the rest of the hearings in family court, and therefore it is important to prepare for them differently. Status hearings generally last about 10 minutes and serve as interim check-ups on the status of a case. At a status hearing, the presiding judge just wants to know: (1) has anything changed since the last status conference that now requires a modification of the case plan and/or a revised order; (2) has the party performed its obligations per the court orders; and (3) does the party need to request a substantive issue to be heard? If the answer is no to all three questions, the status will likely not take much time, and the matter will be continued to another status hearing in approximately 90 days.
While no one wants to have to appear at a status hearing every 90 days, parties should still prepare for every status hearing. Some things that parties should bring with them to every status hearing are: (a) a copy of any active temporary orders, (b) a summary of the case history including an overview of prior orders signed by the court, and (c) a current status of the case including any pending motions and their status. This information should be in a bullet point format so that it is easy to quickly update the judge. These tips should shorten the preparation time for status hearings and allow for more efficient use of the court’s time.
Common Issues Likely to Be Addressed
In the majority of status hearings there will be various issues that require the judicial officer’s attention. The status of your case will usually be provided to the court by means of a Joint/Agreed Status Report, which hopefully has already been filed with the court prior to the hearing. Also, if there are any emergencies that need an immediate decision, such as a protective order hearing, or a matter that requires prompt attention, those matters are usually brought to the attention of the court by way of a Motion and/or Order to Show Cause and/or a Motion for Emergency Custody.
A few issues that may come up surrounding the status are:
Custody and Parenting Time (Visitation) – In many cases, parties cannot agree on a parenting time schedule (visitation with the child of the parties) or custody issues. The court may get directly involved in some manner if there is a dispute, and/or some type of Resolution Session may be ordered.
Child Support – If there are any modifications or disputes with regard to the amount of child support being paid or received, the court may order/how to resolve that issue, and may also make adjustments to the amount of child support being paid or received .
Alimony and Alimony Arrears – Alimony can be, and often is one of the most hotly contested issues. There may be large sums of money being exchanged back and forth. The payor of alimony may want to seek a nonpayment finding against the recipient spouse, or the payee of alimony may want to obtain a judgment for arrears in alimony due to them. The court may also deal with and arbitrate disputes about the amount of alimony that should be paid, or the duration of the alimony award.
Equitable Distribution – The court may try to resolve any disputes that are present with regard to the distribution of the parties’ assets, due to their complex nature, especially at the outset of a case. They may not even have all valuated yet. Issues may arise with regard to the valuation of particular assets, the division of retirement accounts, whether or not assets should be sold before the end of the case, and other similar issues.
From time to time, the court may order matters such as temporary spousal support and/or child custody to be resolved on consent by way of a mediation or arbitration session.
Effect On Case Proceedings
Depending on the outcome of a status hearing, the case may be subject to enhanced scrutiny or greater attention by the court. Unless the parties make a specific request to the judge, the court will not be the front and center of attention as the case proceeds, but this does not mean the court is not involved or monitoring the case, just that the court has now engaged in setting a timetable for ongoing review of the matter. For example, if a party has failed to complete a particular obligation by an agreed upon or court ordered deadline, the court can, and quite often will, keep the case on the calendar for further hearings while it monitors the progress of the parties to meet their obligations. In other circumstances, a trail date may be established – a date set by the court at which trial will begin if the case has not already been resolved by that time – but the court still maintains jurisdiction over the case to ensure the parties are moving the matter forward. In either situation, the continued involvement of the court can put the pressure on a party to comply with an obligation that might have been ignored previously and/or can give the parties additional time to try to settle the matter without trial.
What Happens After the Status Hearing?
After the status hearing is conducted, the Court will either dismiss the case in its entirety, or continue the matter for a hearing in the near future on contested issues. Regardless of whether the Court continues the matter, or conduct a final hearing at the status hearing, the parties now have a sense of the parameters for the pending matter.
If the matter is to be continued on a contested basis, the parties then have the choice to informally share information with one another outside of the file. This information exchange can include but is not limited to issues relating to the children , back issues of child support, and the reason for the litigation in and of itself. The parties can also each appoint an attorney ad litem to represent the interests of the children involved.
If a contested hearing is to be held in the near future, the two parties will have the option to file an agreement with the Court and bypass a hearing altogether. Absent agreement, the parties will attend a final hearing at which time the Court will hear the evidence and possibly issue its ruling.