As a Certified Family Law Specialist Divorce Lawyer in Santa Barbara, we often guide clients through the intricate process of divorce. One crucial stage that many encounter is the Mandatory Settlement Conference (MSC). This conference is a pivotal opportunity to resolve outstanding issues outside of a courtroom trial, potentially saving you time, stress, and significant legal fees. What is a Mandatory Settlement Conference (MSC)?
A Mandatory Settlement Conference is a structured meeting where both parties in a divorce case, along with their attorneys and a neutral settlement master or judge, come together to discuss and attempt to settle their differences. The primary goal is to reach a comprehensive agreement on all unresolved matters, such as child custody, spousal support, and property division, thereby avoiding a lengthy and often emotionally draining trial.
During an MSC, the settlement master facilitates the conversation, helps identify areas of agreement and disagreement, and offers insights into how a court might rule if the case were to proceed to trial. These conferences can be held in person or remotely via platforms like Zoom.Step-by-Step Preparation for Your Mandatory Settlement Conference
Thorough preparation is the cornerstone of a successful MSC. Here’s a step-by-step guide to help you navigate this critical stage:
- Gather and Organize Financial Documents: This is paramount for issues concerning child support, spousal support, and the division of property. You will need to provide accurate and up-to-date information regarding your income, expenses, assets, and debts. Essential documents include Income and Expense Declarations and Schedules of Assets and Debts. These documents are vital for determining financial disparities and potential support awards.
- Understand Your Income and Expenses: Be prepared to discuss your current income from all sources and be aware of your monthly expenses and how they are being paid.
- Identify and Prioritize Your Goals: Before the MSC, clearly define your desired outcomes for child custody, visitation, support, and property division. Consider what you are willing to compromise on to reach a settlement.
- Review Previous Settlement Proposals: If there have been any prior settlement offers, review them carefully with your attorney. Be ready to discuss why certain aspects of a proposal are acceptable or unacceptable to you.
- Prepare Your Mandatory Settlement Conference Statement: Your attorney will likely prepare a formal statement outlining your position on the issues. This statement is served on all parties and is typically submitted in advance of the conference. Failure to submit this statement on time can result in sanctions.
- Be Ready to Discuss Child Custody and Visitation: If you have minor children, discussions will focus on parenting time and decision-making. Be prepared to articulate what you believe is in your children's best interest, considering factors like their ages, schedules, and parental work schedules.
- Consider the Implications of Domestic Violence Findings: If domestic violence has been an issue in your case, understand how it might impact custody decisions. The court may need to make findings regarding whether domestic violence occurred and assess efforts to overcome any applicable presumptions.
- Understand the Process and Be Open to Compromise: Know that you will meet with your attorney, the opposing party and their attorney, and the neutral settlement master or judge. While you should advocate for your interests, remember that the purpose of an MSC is to settle, so be prepared to negotiate and make compromises. Often, reaching a mutually agreeable solution, even if it involves some concessions, is preferable to the uncertainty and expense of a trial.
By thoroughly preparing for your Mandatory Settlement Conference, you significantly increase your chances of reaching a favorable settlement and moving forward with your life.