Types of Divorce in Indiana

Fort Wayne divorce attorneys help you pursue marital dissolution 

If you decide to get divorce in Indiana, you have options as to the procedure to follow. The choice depends in part on your goals for life after divorce but also on your particular circumstances. At Shilts & Setlak, LLC in Fort Wayne, we devise a strategy and employ a range of methods to reach a divorce in the most effective and least traumatic way possible. Although a settlement is usually in our clients’ best interests, we are always prepared to go to court whenever a trial is necessary to protect your property or parental rights.

Contested versus uncontested divorce in Indiana 

The difference between contested and uncontested divorce is that one goes to trial and the other avoids trial. Before a judge can issue a divorce decree, the parties must resolve four key issues: spousal support, child custody, child support and the division of marital property. Some couples are able to each a comprehensive marital settlement agreement. Once adopted by the court, this agreement is incorporated into the divorce decree.

To achieve an uncontested divorce, couples should do the following:

• File no-fault
• Focus on the future, rather than past resentments
• Put their children’s interests ahead of their own
• Work cooperatively in negotiations, mediation or through the collaborative divorce process

Couples who avoid trial save time, money and emotional turmoil. They retain their privacy, since there is no public record of their deliberations. They exercise greater control over the outcome, because they are not in jeopardy of an adverse ruling from the court. 

If a couple cannot reach a complete agreement, the unresolved issues must be decided in court in a contested divorce. This process is more time consuming and expensive but it may be necessary to uphold a party’s rights. Contested divorce often occurs in these circumstances:

• A spouse may be hiding financial assets.
• There is a history of domestic abuse.
• One spouse is alleged to be an unfit parent.
• The marital estate is complex and high-value assets are at stake.
• Significant disagreements complicate child custody arrangements.

A knowledgeable attorney can advise you on the most effective strategy for your divorce. 

Mediated divorce in Indiana

Mediation can be a useful method of achieving a marital settlement. Spouses meet in work sessions to discuss conflicts over key issues. The mediator, a neutral third party with special training, guides discussions towards a mutually acceptable resolution. The process requires cooperation, so it is only appropriate for couples who can interact respectfully, free of bullying and intimidation. Since a mediator cannot give legal advice, each spouse still should have independent legal counsel to assist them at work sessions and to evaluate proposed agreements. Mediation is voluntary and parties can withdraw at any time, taking their case to trial.

Reaching a settlement through collaborative divorce 

Although similar to mediation, the key feature of collaborative divorce is that the spouses and their attorneys enter a contract agreeing to use their best efforts to reach a divorce settlement out of court. There is no neutral third party. Instead, the spouses and their attorneys negotiate a settlement point by point. If either spouse opts out of the collaborative process, the spouses must start over from scratch and much each retain new attorneys. That prospect serves as incentive to keep talks going when the parties seem to have reached an impasse. It is common in collaborative divorce for the spouses to jointly hire and pay for experts to resolve particularly difficult issues. 

Contact our Fort Wayne law firm to discuss divorce strategies

Shilts & Setlak, LLC in Fort Wayne provides caring and capable representation for various types of divorces in Indiana. To schedule a consultation, call 260-475-3106 or contact our office online.