- August 8, 2024
- CLLB Law
- Family Law
Gain Key Insights on Legal Proceedings, Negotiations, and Asset Division
Featured Snippet: A divorce action generally involves initiating divorce proceedings, negotiation, trial preparation, and property distribution.
It is a well-known fact that divorces are far from being one-size-fits-all cases. Much like every other situation in life, they vary greatly based on the unique circumstances surrounding each couple.
Legally termed a “dissolution of marriage,” many divorces are resolved without the need for contested courtroom proceedings. However, if negotiations fail, the case may proceed to trial.
The complexity of a divorce typically revolves around two main factors: whether minor children are involved and the level of agreement of the couple.
This article discusses what to expect during a divorce action. However, note that these are general guidelines. It’s best to contact a competent family law attorney who can tailor the divorce action to your unique situation.
What Happens During a Divorce Action?
Explore the Stages of a Divorce Process
A divorce involves various legal steps and decisions determining how the events unfold. Here is a step-by-step process of what a typical divorce action involves:
Initiating the Divorce Proceedings
Once you’ve decided you want a divorce, the first line of action is contacting an experienced divorce lawyer. They’ll file an “appearance” document informing the court that they represent you. The appearance is a shield, requiring the court and your spouse’s lawyer to communicate directly with your attorney. Another document, called the “summons,” informs your spouse that they are being sued for divorce.
The “petition” document asks the court to dissolve the marriage. This is where the grounds for the divorce are listed. The majority of divorce proceedings are based on a breakdown of the marriage that cannot be rectified.
You don’t have to “prove” that the marriage is irretrievably broken – you just have to state it in your petition. Your spouse can contest it, but you’ll be granted a divorce if you so wish. After adequately filing these documents with the court, your spouse will be served with their official copies. This is their opportunity to file their statement of facts and request for relief in an “answer.”
At this point, your lawyer may seek a provisional hearing, where temporary orders are given. However, major issues must be addressed while the long-term agreement is worked out. This includes child custody, child support, spousal maintenance, and possession of the house, cars, and bank accounts.
The hearing is by request only. It can be canceled if you and your spouse agree on how these matters will be handled during the divorce.
Navigating the Negotiations Process
Once the formalities are over, the negotiations will start. This part of the process can be very time-consuming and requires compromise to be successful. It is a time for both parties to gain perspective and not act based on emotions.
No one gets everything they want in a divorce, so figure out what you must have and where you can give in. If you and your spouse can agree on all the issues, then a “marital settlement agreement” will be drafted to set the rules for the future.
The court has to examine and approve the agreement before it goes into effect, after which it will be difficult to change. If the parties and their attorneys cannot reach an agreement, mediation is the next step.
Mediation involves a third attorney, who represents neither side. You’ll sit in one room with your lawyer, while your spouse will sit in another with their attorney. The mediating attorney will go back and forth, discussing the various issues. Their job is to get both sides to reach a compromise.
Preparing for Trial
You’ll have to prepare for trial in the rare event of an unsuccessful mediation. The first part of preparation is called “discovery,” an exchange of information. It is when contested issues are singled out, and the parties’ assets, income, and debt are identified.
Both spouses present their side of the story to the judge through testimony, witnesses, exhibits, and experts. The spouse who filed the action (the petitioner or plaintiff) goes first, followed by the spouse who was served (the respondent or defendant).
Sharing Assets
Indiana is an “equitable distribution” state. So, the judge’s role is to divide the property and debts between the divorcing parties fairly and equitably — not necessarily equally. Custody is determined by the best interests of the child.
Once the judge enters a “final dissolution of marriage” – a decree—it becomes an order. An order can be modified as time passes if circumstances change, but only for custody and child support. The division of assets and debts is final. If the order is not followed, a “motion to compel compliance” can be filed. The noncompliant former spouse could even be held in contempt of court.
Many other terms and nuances are involved in successfully resolving a divorce, including residency, venue, mediation, waiting periods, and proper service of papers.
It is helpful to speak with a knowledgeable Indiana divorce lawyer who can represent your interests and make the process go as smoothly as possible.
Contact Competent Divorce Lawyers for Your Case
Our Divorce Lawyers Will Guide You Through Your Case with Skill and Compassion
Navigating a divorce process is challenging. It takes an emotional toll on those involved and can get quickly complicated if you and your spouse cannot agree on specific issues. That’s why you need compassionate and highly experienced lawyers like us to handle your case effectively. We’ll work empathetically and professionally, protecting your rights and ensuring you feel supported throughout the case.
If you have questions about your divorce case, talk to one of the attorneys at Church, Langdon, Lopp, Banet Law. We have years of experience helping people, and we can help you. Based in New Albany, Indiana, we proudly serve communities throughout Kentuckiana; Floyd County, IN; and Clark County, IN.
Contact us by calling (812) 725-8226 or using our online form.
Attorney Steve Langdon
Licensed to practice in both Indiana and Kentucky, Steve Langdon is an experienced elder law and trial attorney. In addition to his litigation and trial work, Steve’s practice includes wills, trusts, probate, Medicaid planning, guardianship, powers of attorney, and advanced directive planning, including living wills and health care surrogate designations. [ Attorney Bio ]