Overview of the Divorce Process in Indiana
Fort Wayne family law can guide you every step of the way
Many people contemplating divorce are wary of the process, perhaps envisioning a lengthy and expensive court battle racked by emotional turmoil. This fear of the unknown can keep people trapped in an untenable position. However, going to court is only a part of a divorce in Indiana, and in fact is unnecessary in a large portion of cases. The process provides ample opportunity for the parties to reach agreement and work cooperatively to dissolve their marriage. At the family law firm of Shilts & Setlak, LLC in Fort Wayne, we are committed to our clients’ best interests in a divorce, and we pursue potential settlements whenever possible to save our clients time, expense, and emotional turmoil.
Initial consultation and filing for divorce
Once you are considering divorce, you should consult an experienced attorney to discuss your circumstances and your priorities. Some spouses need greater preparation before filing. They must copy financial records while they have access or must come up with a plan to protect themselves and their children. Some parties are better off discussing divorce with their spouses ahead of time, so they can cooperate in an uncontested divorce, while others must keep their plans secret until filing.
Our team helps you gather all relevant information so we can proceed with the type of divorce best designed to achieve your goals. We help you decide whether to file on no-fault or traditional grounds. We then can file the divorce petition along with other required forms in the appropriate court. We then arrange for service of process, so the respondent spouse receives a copy of the petition and a summons.
The respondent’s answer
Indiana law does not require a respondent spouse to file an answer to the petition. However, spouses who object to the terms requested in the petition, can file an answer requesting different terms. The summons states a deadline for filing the answer, usually within 20 to 30 days, depending on the court. A spouse who does not respond faces the prospect of a default judgment being issued after the 60-day waiting period expires.
Temporary orders and discovery process
Indiana law requires a waiting period of 60 days after the petition is filed. During this time, the spouses can request temporary orders of spousal support, child custody and child support, which if granted remain in effect until the final divorce decree issues. The case then enters the discovery phase, which involves the mandatory exchange of financial information. It also includes demands for documentation, filing and answering of interrogatories and depositions of the spouses and potential witnesses.
Negotiating a settlement and preparing for trial
The waiting period can be a fertile time for pursuing a marital settlement through various strategies: traditional negotiations, mediation, or the collaborative divorce process. In addition, attorneys must prepare for trial, in case settlement talks stall.
Finalizing the divorce settlement or going to trial
Eventually, the spouses will either present a divorce settlement agreement to the court for approval or proceed to trial. In many cases, there can be a partial settlement, so the court only hears the outstanding issues. At trial, each side presents evidence and calls witnesses, based on which the judge makes findings of fact and of law. The judge then issues a divorce decree setting the terms for alimony, child custody, child support and the division of marital property. The decree has the force of law and can only be modified later if certain conditions are met.
Contact our Fort Wayne law firm for comprehensive divorce representation
Shilts & Setlak, LLC in Fort Wayne provides caring and capable representation for Indiana residents contemplating divorce. To schedule a consultation, call 260-475-3106 or contact our office online.
