But the couple could still reach an agreement out of court as a source familiar with the situation but not authorized to speak publicly said both sides "are still working together to find an out-of-court settlement". The custody trial is said to commence from December 4 and go on for at least three weeks.
Angelina and Brad have filed legal docs asking an L.A. Superior Court Judge to give them until next June to hash out their bitter divorce ... with the help of a private judge.
The trial scheduled for December 4, will likely behind closed doors and not at a public courthouse, according to the wishes of the two estranged couple. She fired back with accusations he wasn't paying "meaningful" child support for the a year ago and a half.
In addition to the custody dispute, the private judge also needs to handle a property settlement agreement as the former couple do not have a prenuptial agreement.
Earlier this year, Angelina was ordered by a judge to allow her children to spend more time with their father, or risk losing custody.
Jolie, 43, has accused her ex of not paying the correct child support and is seeking sole physical custody of their six children - Maddox, 17, Pax, 14, Zahara, 13, Shiloh, 12, and ten-year-old twins Knox and Vivienne.