Procedure after Appointment of Divorce Hearing Officer

In Dauphin County, once a Divorce Hearing Officer (DHO) is appointed, a Preliminary Conference will be scheduled. At the Preliminary Conference, the DHO will obtain background information, and in most cases, the information contained on the Preliminary Conference Checklist. In the event the DHO has been appointed to address a pre- or post- divorce special relief or enforcement issue, the DHO will obtain the background information and confirm the issues to be addressed. In all cases, the DHO will ascertain the discovery required by each party to present his/her case. The DHO will issue a Preliminary Conference Memorandum following the Preliminary Conference that summarizes the matters discussed at the Preliminary Conference and includes discovery directives detailing the documents and other items that each party must provide to the other by a certain date. It is important to note that the Preliminary Conference Memorandum, in most cases, will be accompanied by a Court Order directing the parties to comply with the discovery directives contained in the Preliminary Conference Memorandum.

Following the Preliminary Conference, the DHO will schedule the next proceeding. In most cases, it will be a Settlement Conference. However, depending on the circumstances of each case, other proceedings such as status conferences, telephone conferences, or hearings may be scheduled. At the Settlement Conference, the DHO will ascertain each party’s position on the issues, review with the parties the procedural status of the case and advise the parties of the statutory factors the DHO will consider at hearing if the matter does not settle. Time will be provided for the parties and their attorneys to discuss potential settlement options outside the presence of the DHO Normally a Court Reporter will be available in the event the parties reach an overall agreement and want to memorialize it at the Settlement Conference.

If the parties are unable to fully settle their case at the Settlement Conference, a Hearing will be scheduled as set forth in the Settlement Conference Memorandum and Hearing Notice. The Hearing Notice will contain directives concerning the final exchange of witness lists, exhibits and instructions as to how the exhibits should be organized and marked.

Following the hearing, the DHO will issue a Report and Recommendation. If exceptions are not filed, the Recommendation of the DHO will be incorporated in the final divorce decree and will be enforceable as a Court Order. If exceptions are filed, the matter will be assigned to one of Dauphin County’s Judges for review.

Unless otherwise stated in a scheduling directive, parties and attorneys are to attend all conferences and hearings.