Thursday, January 15, 2009

The Decision to Pursue Divorce

Deciding to pursue divorce is arguably one of the most difficult decisions you will ever face. In many cases, divorce involves the management of powerful feelings. The process can be additionally complicated by the necessity of making determinations regarding child custody, visitation and the separation of marital assets. At a time like this, an Indiana attorney for divorce can provide you with the advice you need to make decisions that will have a lasting impact on your life. Whether you are sure about your decision to pursue divorce, your spouse has already filed for divorce, or you simply want to gather information, understand your rights and weigh your options, it is imperative to be well-informed. Knowledge really is power.

Divorce law varies from state to state, so it is important to focus on Indiana-specific laws and procedures. Through these laws individuals may seek a divorce under a variety of grounds. In general, Indiana is a no fault divorce state. This means that individuals seeking a divorce can do so without establishing any reasons for cause. In some instances a no fault divorce is referred to as dissolution of marriage.

The information in our divorce section at will provide you with some very basic information and help answer some frequently asked questions, but the information on this website is not legal advice and is not meant to be a substitution for seeking the advice of competent legal counsel. Your issues are different from the issues of other divorces. Your case is unique and you need legal advice that is specifically tailored to fit your needs.

In the event that either spouse has requested temporary custody, child support or spousal support a preliminary hearing may be set by the court. This can be a particularly important part of the divorce proceeding. Spouses would be well advised to use the preliminary hearing as a forum to position arguments that will be made at the final hearing. Following the preliminary hearing, the Judge will issue a provisional order that will typically remain in effect until a final hearing can be held.

In Indiana, spouses are usually required to mediate the issues of child custody, child support, visitation and property division. The purpose of mediation is to seek a resolution of these issues without a final hearing on the merits. Mediation is conducted by a neutral third party referred to as a mediator who attempts to forge a settlement of the various issues that the parties are unable to agree upon. Mediation can be very helpful in settling divorce disputes. If you are considering a divorce or are currently facing a divorce, it is a good idea to discuss your situation with an Indiana attorney for divorce.