Although a no-fault divorce should expedite your divorce proceedings, it may be in your best interest to list the reasons for your marriage ending, as these can help you during conversations regarding alimony and the division of your property and assets. Custody agreements and child support are often points of contention in a divorce.
You and your former partner can choose to divide your assets, debts, and property amongst yourselves however you see fit. If you are unable to come to an arrangement, you also have the option of attending mediation prior to the courts taking over. Again, the quicker you are able to come to a decision regarding your property and assets, the faster your divorce should be finalized. So how long does it take to get divorced in Indiana? A divorce can be finalized in as little as sixty days when you and your former spouse are able to work together through your issues.
In general, you and your soon-to-be ex-spouse can talk to each other and workout how you want to divide property, child custody, support and visitation. If the two of you do reach an agreement you will want to get the details to your lawyer right away. Additionally, if you reach an agreement you probably will not have to go before the Judge at a Final Hearing.
Each court has its own "local rules". Mediation is an a way of resolving disputes between parties. Typically, the mediator, works to assist the parties to negotiate a settlement. The mediator will point out your strengths to the other side and he or she will help you see any weaknesses in your settlement position as well. The idea is that by the mediator pointing out both sides good and bad points the parties will reach an agreement. Whether or not you and your soon-to-be ex-spouse have reached an agreement on your own or through the use of a mediator, Congratulations.
How to File a Divorce in Indiana
You have an agreement. Now either of you or your attorneys need to write up the settlement in the correct form for the court.
Now if you cannot reach an agreement, keep reading. The only reason you would have a final hearing is if there are issues which you and your spouse are unable to reach agreement upon. In this case, you basically ask the Judge to determine how to resolve these issues.
The risk you take by going before the Judge at the Final Hearing is that neither you nor your spouse know what the Judge will do. If you can reach a Settlement Agreement before this stage you can reduce the risk and control what will occur once your divorce is final.
You are divorced once the Court has issued a Final Order and Decree. Typically, whether you reached a Settlement Agreement or the Judge decided how to divide the marital property, once the property division is final it cannot be re-litigated.
Issues which can be readdressed are child custody, and child visitation. Generally, to readdress these issues you must show the Court that there has been a significant change in circumstances AND that making a change would be in the child's best interest. If you have questions regarding the process of a divorce in Indiana, contact JR Emerson. JR would be happy to schedule to talk with you.
For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.
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Child support comes with rights and responsibilities. Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines. Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do. Uncontested Understanding Your Divorce.
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How Do I File for Divorce in Indiana? | DivorceNet
Encyclopedia Checklists Tools Downloads Bookstore. Start Your Divorce. Indiana Info. Courts in Indiana make custody determinations in the best interests of the child. While the court makes no presumption that one parent is better than the other based on gender, it is required to consider certain relevant factors before awarding custody, including the age and gender of the child and the child's and parents' wishes special consideration is given to the wishes of a child who is 14 years of age or older , parental and family interaction, and the child's home, school and community adjustment.