Contested Divorce in Indiana

Contested Divorce in Indiana

What is the meaning of marriage? Such a question is asked by many people, until the moment when they decide to marry and register their relationships with each other before the state. Some people never find the answer to that question, and they live in marriage for long years in happiness, times of joy, and even in moments of grief. However, not many couples are so lucky. According to statistics approximately 53 percent of marriages end with the divorce process. Such data is not encouraging and makes think.

So what is the meaning of marriage? In simple words, friendship, it is a kind of insurance for two members of the future family. Undoubtedly, marriage, first of all, is a willingness to live together and an indicator of the seriousness of the feelings of a couple, but also, it is a guarantee. By entering into marriage, each of the newlyweds can expect that in the case of unforeseen circumstances, such as adultery, the death of a spouse or the occurrence of irreconcilable differences in the pair, that the state can legally help to resolve the issue that has arisen.

A spouse, according to Indiana divorce laws, can expect that if their union falls apart, each of them will have equal rights to property, guardianship of joint children, and also at the shares or business.

Options Divorce Process, as Well as the Nuances that May Arise in the Process

According to Indiana laws, each spouse has the right to divorce and can do it in several ways, depending on the situation in which the spouses fell. Such rules were adopted on the assumption that only a small percentage of divorce proceedings take place without claims, disagreements, and disputes.

So, based on this, spouses who no longer want to be married, have the following options to break their marriage bond:

  • The conclusion of an agreement on divorce, without the participation of the court;
  • Filing a lawsuit for the commencement of the divorce proceedings for trial, according to state divorce laws.
  • Both in the first and the second variant of divorce, it is better to have support from an experienced lawyer who can prevent problems that may arise with the law questions, as well as help to resolve the dispute between the spouses, if they cannot reach an agreement by themselves. If spouses do not have enough funds for a lawyer who can provide support, they have the opportunity to represent themselves in court on their own (which is not recommended due to the large amount of paperwork and legal aspects that need to be taken into account and be able to apply them to court).
  • Also, each spouse has the right to get free assistance of a lawyer from a law office, or to the aid of a lawyer from a legal aid clinic, for a fee that is much lower than that of a private lawyer.

However, it should be borne in mind that a large number of people need help from such specialists, and therefore the queue for their services is often quite long, and consequently, it may be necessary to postpone the divorce proceedings for some time.

What Will You Choose: To Dispute or Terminate a Marriage Peacefully?

To dispute or not to dispute a divorce is the choice of each spouse. Of course, it all depends on the circumstances that have developed in the family and led the couple to file for a divorce. Indiana divorce law provides many options for the outcome of the case such as:

  • the payment of alimony;
  • guardianship nuances;
  • the division of property.

Also, Indiana Laws describes the reasons according to which the actions of the judge will be put into effect.

What Need to Know About the Conduct of Undisputed Divorce, as Well as Its Benefits

This type of divorce is more beneficial for spouses who have decided to break up because of irreconcilable dissension in living together. If no one of a spouse has violated the moral framework that is part of every marriage and relationship, then as the perfect option would be the choice of an undeniable divorce. In this case, both spouses mutually resolve the issues raised according to the division of property, custody of their children, and other costs are equally divided. Spouses will also need to draw up a parenting plan for raising their child if they have any joint children.

The main advantages of the final divorce include:

  • Voluntary selection of teaching of children;
  • Payment of alimony, as well as scheduling visits to joint children;
  • Voluntary division of property, business, and assets that are in the family;
  • Due to conducting an indisputable divorce process, the spouses have complete control over their actions and can set their own rules on the assumption that the second spouse will agree with it.

The additional benefits of an undeniable divorce can also include:

  • Privacy of the divorce process, because the minimum number of people will be involved;
  • The speed of the separation is minimal because there is no need to conduct additional hearings and no necessity to spend time searching for evidence of the spouse’s words;
  • Lower cost, because the main prices go only to legal counsel during the minimum term, and there is no need to pay additional court fees for the court session;
  • Fewer nerves spent because the process will be smoothed out by peace negotiations with the former spouse without scandals and disputes.

Despite all the apparent advantages of an indisputable divorce, the spouses most often take the path of a contested divorce that more challenging to conduct both legally and morally.

Contested divorce: Features and Difficulties

This type of separation is carried out in cases where it is not possible to establish mutual understanding and enter into an agreement between the spouses. There can be no provision on the irreconcilable dispute in the case of the contested marriage.

The legal reasons for filing a claim for a disputed divorce are the following situations:

  • The spouse is under investigation, subjected to imprisonment, or located in prison in connection with the delinquency committed or serious crimes. The term of imprisonment is not taking in an account;
  • The presence of a medical certificate from a psychotherapist, which indicates a violation of the mental state of the spouse, which requires long-term treatment and lasts at least two years;
  • The emergence of impotence for unforeseen reasons.

According to Attorneys.com, a contested divorce is a legal proceeding that allows spouses who cannot reach an agreement, to decide such aspects as:

  • the teaching of joint children;
  • dividing jointly acquired property by law;
  • establish the amount of spousal support.

The difficulty of the disputed divorce process, first of all, lies in the intense emotional tension between the spouses, which prevent them from establishing contact and reaching an agreement. This type of divorce also entails quite large monetary costs, because it is necessary to pay legal fees, taxes, as well as lawyer support throughout the divorce proceedings.

In such a situation it is necessary for the presence of a lawyer to conduct a disputed divorcement. It is needed because at the court hearings it is required to be capable of clear state and most importantly prove the position and its rightness. Often the court will need to hold a preliminary hearing at which from positions of each spouse will speak a witness. Witnesses, this is a people (often close relatives or family friends) who knew the family well and will be able to confirm or deny the statements and testimony of one of the spouses in court.

The costs of witnesses increase the sum spend on the divorce several times because, for the court to hear the testimony of witnesses, it is necessary to hold a hearing, the payment of which lies on the shoulders of the spouses. Also, the lawyer will spend his time finding the required witnesses, that will also have to be paid.

It should be noted that the court arranges additional and preliminary hearings in a month, which increases financial costs, as well as moving expenses.

Benefits of Disputed Divorce

Undoubtedly, in carrying out such a somewhat stressful process of divorcement, it is difficult to determine the benefits against the background of the general situation, but solving such complex issues that are raised during a divorce is already an advantage and a significant achievement.

A disputed divorce allows the spouse who is confident in his rightness, to achieve justice, and to get what belongs to him. Also, in such situation too often occurs a case when conducting a disputed divorce process, the attorney finds a hidden income of one of the spouses or unknown property acquired with money from the general family budget, but without the knowledge of the other spouse. In this case, the court with all the necessary information has every reason to share the hidden property of the spouse between the couple to restore equality and justice.

However, to prove the guilt of the spouse, about concealing offshore accounts or unregistered property, it is necessary to collect a complete set of incontrovertible evidence, including a request from the spouse’s bank accounts, which can be issued with the permission of the judge.

The issue of guardianship of joint children also has its advantages in the disputed divorce proceedings, because the spouse can challenge custody of the child, referring to the unreliability of the second parent. In this case, it is necessary to have evidence of adverse effects on the child, as well as the testimony of witnesses about inappropriate conditions for the maintenance of the joint child.

In contested divorce, when deciding on guardianship, parents will also need to draw up a parental plan for upbringing a joint child, which should include restrictions on communication with the child, responsibilities of each parent (legal or physical guardianship), time to visit the child, and frequency and amount payments to be established by the court, according to the wishes of parents and Indiana custody and divorce laws.

Despite all the difficulties, both methods lead to the same result – the couple gets a divorce. The difference between the above methods is colossal, but each of them fits different situations. Not all people are able to negotiate with each other peacefully. Only a few can make concessions in the name of the once-living love in their hearts. However, in spite of everything, no one cannot condemn people for their choice. Each has his own story and his reasons for doing exactly as he did.

The only thing that worth remembering is always and all that every action still has the consequence. Because doing something, you need to be prepared for what follows after, and this is sometimes much more painful.

Act wisely and respect those who were once dear to you, because we can never know what awaits us in the future and how our not particularly ethical behavior can affect us!

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