Contested & Uncontested Divorce Lawyer in Carmel

The Contested Divorce Process in Indiana

Ultimately, the parties in a contested divorce do not see eye to eye on issues relating to the marital estate and/or the children. A contested divorce involves several additional steps along with added costs.

A contested divorce typically includes a provisional hearing in which the court will set a temporary order to address issues including but not limited to:

• Custody
• Parenting time
• Child support
• Possession of the marital home
• Payment of bills
• Spousal maintenance
• Payment of interim attorney fees

In addition, the court should enter a restraining order to prevent either party from selling, transferring, or hiding marital assets, except in the normal course of business or for life’s necessities.

A contested divorce also often involves discovery, which is the process of obtaining information from the other party and/or witnesses.

This information is secured through

• Interrogatories - written questions answered under oath
• Requests for production - obtaining documents
• Depositions - answering questions in person under oath with a transcript

If there is a disagreement regarding custody and parenting time, the parties may request a Guardian Ad Litem – which is a court-appointed individual who represents the best interest of the children – or a custody evaluation by a licensed clinical social worker or child psychologist.

Mediation as a Divorce Option

Mediation is the next step in a contested divorce. Mediation is a meeting of the parties, their attorneys, and an impartial individual – the mediator – to resolve the parties’ outstanding issues. The mediator does not choose sides and does not make decisions for the parties. If an agreement is reached on some or all issues, the mediator will prepare an agreement to be signed by the parties, their attorneys, and the court. Once signed, the agreement is binding and may not be set aside except in limited circumstances. If no agreement is reached, the mediator will advise the court in his/her report and the parties will likely proceed to trial. The mediator does not become a witness to the case and all discussions with the mediator are confidential.

Going to Trial in Contested Divorce

A contested divorce trial involves presenting testimony of the parties, witnesses, and exhibits. At the end of the trial, the judge will make a ruling regarding any outstanding issues. It is important to keep in mind that trials are expensive and there is no guarantee that the judge will interpret the law in your favor. If either party fails to appeal the order, the parties are bound to follow the order.

Navigating the Uncontested Divorce Process

An uncontested divorce occurs when the parties have agreed upon all issues regarding the marital estate and the children. This agreement is signed by the parties and submitted to the court for approval. An uncontested divorce is relatively inexpensive, less stressful, and gives the parties greater control over their futures.

Turn to Hains Law, LLC

Divorce is a stressful and emotional matter. You should never feel that you must handle the stress and uncertainty on your own. Even the most knowledgeable clients can benefit from the seasoned perspective of a divorce attorney.

At Hains Law, LLC, we help our clients navigate the legal divorce process. Whether you are filing a contested or uncontested divorce in Carmel, Attorney Hains understands Indiana law and will do everything possible to ensure that you are well-informed and well-equipped to make the decisions that will best serve you in the long run.

Contact us at (317) 588-2883 to request a free phone consultation.