Divorce
If you are contemplating filing a divorce,
it is helpful to have a basic understanding of the process. It is important to understand that divorce
laws differ significantly from state to state.
In addition, although you may intend to move to a different state after
your divorce, the state where the divorce took place could retain jurisdiction
over the case for a very long time if children are involved. It is also important to understand what the
divorce process must accomplish as a matter of law. With respect to property issues, the marital
estate, meaning the debts and assets of the marriage, must be first identified,
and then valued. If minor children are
involved, decisions must be made regarding who has both legal custody of the
children, what parenting time schedule the parents must follow, and how the
matter of child support will be addressed.
Speaking generally, in Indiana in order to be divorced it is
necessary to first file a Petition for Dissolution of Marriage. Certain residential requirements must be met,
meaning that the person filing has resided in the state of Indiana for at least six months, and in the
county where the petition is filed for at least three months. The Petition must also identify certain basic
information regarding the marriage, including the date of the marriage, the
date the parties separated, whether there were any children born which may be
considered “children of the marriage” as defined by Indiana law, and, interestingly, whether the
wife is pregnant at the time of filing. Where children are involved, it is also
necessary, either in the Petition or a separate document, to identify each
place where they have lived for the last five years. The Petition must also identify the grounds
for divorce. As Indiana is a no-fault state, meaning that no
fault must be proven on the part of one of the parties to the marriage in order
to obtain a divorce, the cause is usually identified as an "irretrievable
breakdown of the marriage." It is
also common for the wife, when filing, to indicate that she wishes for her
maiden name to be restored, if she so desires.
A filing fee must also be paid, which can differ from county to county.
A divorce may not be granted by the court
until at least sixty days have passed from the original date of filing. It is possible, however, for a divorce
proceeding to take much longer, as it can take several months to obtain a hearing
date for any issue which must be heard by the court. Because of this, it is not uncommon for
temporary or “provisional” orders to be sought at the time of filing. These orders clarify the responsibilities of
both parties regarding various essential issues while the divorce is pending,
including how the bills of the marriage will be paid, which party will possess
certain items of property, and how issues relating to any minor children will
be addressed. These provisional orders
may be obtained through a hearing with the court, or by agreement between the
parties.
Much of the activity during a divorce
proceeding is focused on gathering information which will be necessary for both
the parties and the court to make decisions regarding the finalization of the
divorce. This process of gathering
information is known as “discovery”, and while it can seem at times seem
unnecessary or even invasive, it is very frequently essential in order to
permit the parties to make informed decisions about how they prosecute, and
hopefully resolve, their case.
Once the parties have gathered sufficient
information about the extent and value of the marital estate, as well as any
child custody, parenting time, or support matters where minor children are
involved, they may turn their attention to finalizing the divorce. This generally occurs either by agreement
through what is called a Marital Settlement Agreement, or as a result of a
trial in court. The court will very
frequently require the parties to participate in mediation, which is one of
several means of “alternative dispute resolution” available to parties in order
to assist them in avoiding the necessity of presenting their case to a court
for a decision. There are, in addition
to mediation, other non-traditional or alternative means of resolving family
law disputes, and these options may be explored in more during your
consultation with our office.
This is a very general introduction
to the process of divorce in the State of Indiana.
These issues will be discussed in much greater detail, and in relation
to your specific facts, when you conduct your initial consultation with Duane
Snow. |