As a spouse contemplating divorce in Indiana, planning ahead can help make the process smoother and improve your chances of securing your desired outcome. From learning about the divorce process to taking proactive steps to address potential issues if and when they arise, the more time and effort you invest now, the less challenging the process is (in most cases) likely to be.
If you are thinking about ending your marriage, here are some basic tips you can follow to get ready for your divorce:
1. Learn More about the Divorce Process.
While many people have a general idea of what is involved in getting a divorce, there are more steps involved than most people realize, and Indiana has some unique laws that require a clear understanding and careful consideration. To learn more about the process and some of the preliminary considerations involved in filing for divorce, we encourage you to read:
- Preparing for a Divorce? 5 Facts to Know
- No-Fault and Fault-Based Divorce in Indiana
- Uncontested and Contested Divorce in Indiana
2. Think Critically about Your Options.
As you will learn from the articles linked above, most divorces are filed on a “no-fault” basis, and most divorces are “contested” with regard to at least some of the issues involved. When it comes to resolving contested issues, you and your spouse will have a few options available. These include:
- Negotiating a resolution with the help of your respective attorneys
- Using mediation to find a mutually-agreeable resolution
- Pursing a collaborative divorce
- Seeking a court-ordered resolution in divorce litigation
While your spouse will inherently play a role in deciding which method you use, it is important to begin thinking about what you believe makes the most sense for your personal situation. Non-litigious solutions are typically in everyone’s best interests; and, when both spouses are willing to act in good faith, most divorces can be resolved without judicial intervention.
3. Collect Your Records.
Now is a good time to start collecting the records you will need during and after your divorce. Make copies of important family, financial and medical records, and make sure you know how to access all of your personal and joint online accounts. If you signed a prenuptial agreement, make sure you have a copy of this as well.
4. Start Thinking about What You Want from Your Divorce.
In a typical divorce involving children, the issues that need to be resolved are:
While Indiana law establishes certain guidelines and requirements with respect to each of these issues, the spouses’ interests still need to be reconciled, and there is no one-size-fits-all approach to finalizing a divorce. As you prepare for your divorce, it is important to begin thinking about questions like: Which assets do you want to keep (i.e. do you want to remain in the family home)? Will you (or your spouse) need financial support during or after your divorce? What are your goals with regard to child custody?
Speak with Carmel, IN Divorce Lawyer Joshua R. Hains
This is just a small sampling of the steps involved in preparing for a divorce in Indiana. For more information and legal advice tailored to your personal situation, we encourage you to schedule a free initial consultation. To speak with divorce lawyer Joshua R. Hains in confidence, please call (317) 588-2883 or submit our consultation request form today.