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:
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.