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Marion County Indianapolis Divorce Overview Lawyer
Contemplating divorce is always difficult. Whether you are sure you want to end your marriage or are still considering your options, it helps to learn the basics of divorce law and process. Should you conclude that divorce is necessary, it is very important that you seek the assistance of an experienced family law attorney. Involving a knowledgeable family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.
Grounds for Divorce
A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple's assets and debts and determine the future care and custody of their children. While each state has individual statutes that address these issues differently, the basic principles the courts follow when considering requests for divorce are relatively uniform.
In a majority of the states there is at least one form of no fault divorce. No fault divorce is a marital termination proceeding where the divorce is granted without either party being required to show fault. In no fault states, either party may obtain a divorce, even if the other spouse does not consent to the divorce. (Please see the table at the end of the article to learn if your state allows no fault divorces.)
Other states require that you give a legal reason in order to get a divorce. These are called fault-based divorces. Each state will have a statute that specifically defines the different types of fault that must be proved in order to establish the requested marital termination.
In some states both fault and no fault divorce grounds are available. An experienced attorney can help you determine if you should pursue a fault based or no fault based divorce. Typically, a fault-based divorce is pursued when a couple cannot reach a satisfactory division of property, award of support, or child custody agreement and one party wants the court to consider the conduct of the other party when deciding the issue. Whatever the issue, the decision to pursue a fault-based divorce should be based on legal rather than emotional reasons.
Contested Divorce
Before a divorce may be granted, there are usually five basic issues that must be resolved. They are:
1) Alimony or spousal support;
2) Property division; and, if there are children:
3) Custody;
4) Visitation; and
5) Child support.
If a divorcing couple agrees on all five of these issues in writing, they will be granted an uncontested divorce and avoid adversarial divorce litigation.
Conversely, if there is disagreement on any of the basic issues, a contested divorce exists. When a divorce is contested, the couple may proceed through all phases of litigation including trial before a family court judge. The couple may also voluntarily seek alternative dispute resolution methods like mediation or collaborative divorce or they may be ordered by the court to do so. It is important to consult with an attorney before deciding which method is right for your situation.
Divorce Litigation
The actual legal process for getting a divorce varies by state. However, most marital termination proceedings usually include some version of the following components:
- Petition - The filing of some form of petition document formally initiates divorce proceedings.
- Summons & Response - Formal notice to your spouse about your intent to pursue court action to obtain a legal divorce. The response is the other parties' acknowledgement the divorce procedure has begun.
- Motions - A formal request to the court to order some type of action before the trial. For example, in situations involving domestic abuse it is not uncommon for a motion for a protective or restraining order to be filed.
- Discovery - The phase of the proceeding where each side gathers information in support of their legal arguments. It is an important phase in contested actions, particularly if you believe your spouse is hiding assets. It includes depositions and interrogatories.
- Hearings & Temporary Orders - In some instances there are questions or situations that need to be temporarily resolved before the final divorce agreement is reached or ordered by the court. For example, if the couple can't agree about where their children should live during the process they would ask the judge, during a hearing, to decide. Temporary orders generally remain in effect until the final decision is made at the end of the divorce process.
- Trial - A critical court appearance before the judge where the case will be decided. The trial may include witnesses, friends, financial experts, psychologists, as well as other types of evidence including financial records.
- Judgment - The final decision is a judgment. It is not a verdict in the sense the judge assigns blame to either party. It is simply a legal statement of the judge's rulings on all the issues in question during the trial, such as custody, visitation, support and property division.
Let our Marion County Indianapolis Divorce Overview Lawyer help you!
Divorce Overview » Family Law Attorneys and Lawyers Serving Lake Co., Marion Co. and St. Joseph Co. Indiana
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317.572.7717 Bloomington
317.572.7717 Carmel
317.572.7717 Crown Point
317.572.7717 Elkhart
317.572.7717 Fort Wayne
317.572.7717 Gary
317.572.7717 Hammond
317.572.7717 Indianapolis
317.572.7717 Kokomo
317.572.7717 Merrillville
317.572.7717 Mishawaka
317.572.7717 Muster
317.572.7717 South Bend
317.572.7717 Valparaiso
317.572.7717 West Lafayette
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