HOW TO FILE A DIVORCE PETITION

The divorce process is started through filing a divorce petition.  This is a simple form that includes information about when and where you were married, names and dates of birth for all parties and children, and it usually states that the marriage has been irretrievably broken.  Once the petition has been drafted you will need to pay a $177 filing fee to have a case opened. From there you will serve your former spouse with a copy and you can request that the court set a provisional hearing to address initial matters such as who can stay in the marital residence, parenting time, and temporary spousal support or child support.  

TYPES OF DIVORCE

A lot of lawyers group divorces into two types: uncontested divorce and contested divorce.  An uncontested divorce means that the parties have came to an agreement on everything and there are no outstanding issues left to the court.  These case typically do not involve a lot of property or debts. They also typically involve parties without children or parties who have already determined how to settle the issues of parenting time and child support.  When an agreement is reached in an uncontested divorce, the parties enter into a marital settlement agreement that lists who gets what property, who pays certain debts, and sets out all of the details of the custody and parenting time arrangement.  

A contested divorce starts the same way as an uncontested divorce, it just means that the parties are unable to agree on all of the outstanding issues.  From here, the parties can submit to mediation where a third party can listen to each party and see if an agreement can be reached. If unsuccessful the parties have to go to a contested final hearing where the judge hears testimony and evidence on all of the contested issues and makes a decision.

WHAT HAPPENS AFTER I FILE THE DIVORCE PAPERS?

Your case is assigned to a judge and the divorce papers are then served on your spouse.  You can request a provisional hearing if there are immediate issues that need resolved. This hearing is typically held within the first thirty (30) days of a case can determine things such as who remains in the marital residence, who pays what bills, and sets up temporary custody and child support arrangements.

HOW LONG DOES A DIVORCE TAKE

Once a divorce is filed, you have to wait 60 days before the court can finalize the divorce proceedings.  If your divorce is agreed you can work to prepare a final agreement during that time period so that you can be ready to finalize things at or near the 60 day mark.  Most case are more complex and can require mediation, discovery of financial information, or expert valuation of assets. Your case can take several months if it requires these additional steps.

PROPERTY DIVISION: WHAT HAPPENS TO THE PROPERTY AND DEBTS

Indiana is a “one pot” state where the Courts divide the property and debts of the marriage on a 50-50% basis.  The Court can give more than 50% to one spouse but the court needs to justify its deviation from a 50-50% split.  An example of this would be when one spouse is disabled or if the parties have different income earning abilities and educations.

CHILD CUSTODY AND CHILD SUPPORT ISSUES

Child custody and child support issues are often some of the most emotional and contested matters in a divorce.  If this is legal issue contested, the court will look to determine what is in the best interests of the children when deciding who gets legal custody and physical custody.  This often involves considerations such as the child’s adjustment to your home, performance in school, your involvement in doctors appointments, and many other factors. The court will also determine child support which is done through using the Indiana Child Support Guidelines and Calculator which helps determine who pays support and how much should be paid.  These matters are also often addressed early in a divorce case during a provisional hearing where the court makes temporary orders that are in place during the duration of the divorce case.

SPOUSAL SUPPORT ISSUES

Spousal support is typically referred to as spousal maintenance.  There are certain circumstances where courts order maintenance and it can only be ordered for a maximum of three (3) years unless it is ordered due to some sort of incapacitation that lasts longer than three years.  The three situations where a court would order spousal support in Indiana are as follows:

1. Rehabilitative Maintenance.  This comes into play if your spouse is unable to support himself or herself due to lack of education or training. With this type of maintenance, the court considers the levels of education of the parties at the time of the marriage, whether one party provided homemaking and/or childcare responsibilities, the difference in income earning abilities of the parties, and the time necessary for the spouse to find appropriate employment.  

2. Physical or Mental Incapacitation.  If your spouse is physically or mentally incapacitated, a court may order maintenance during the period of incapacitation if your spouse is unable to support him or herself.

3. By Agreement. It is possible for the parties to come to an agreement regarding spousal maintenance.

HOW IS THE PROCESS FINALIZED

The parties can work to reach an agreement on all of the issues and if the parties cannot agree they can let the Court decide what happens with things such as child custody, child support, and spousal support.  The court will end the marriage, divide the marital property and debts, issue custody and visitation orders if you have children, and cover issues such as spousal maintenance.

HOW VINING LEGAL CAN HELP

At Vining Legal, we have provided legal representation to people in all types of divorce situations and can help you understand your rights through the process, work to negotiate a favorable outcome, or represent you in a contested divorce hearing.  If you have any questions or need legal advice, please call us today at (317) 759-3225 for a free consultation about your case.

ABOUT VINING LEGAL

Our law office’s primary focus is on criminal defense and family law and our divorce lawyers can help you with any child custody and support or visitation issues.  We are a law firm representing clients in Marion County, Hamilton County, Johnson County, Hendricks County, and other areas throughout Indiana.  If you have questions about child custody in Indiana, please call us today at (317) 759-3225 for a free consultation about your case.