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“Flying Accusations”: How Allegations Can Delay a Divorce

Dissolution matters often involve issues of both child custody and support and property division, including the division of assets and debts. The information gathering phase of dissolution can be lengthy to accurately determine the numbers, accounts, schedules, etc. of the parties to appropriately determine custody, support, and division of assets and liabilities.

Delay can further occur in the dissolution process if allegations are made by one or both parties, or even a third party. For example, during the course of a dissolution proceeding, perhaps one party files a protective order against the other party-which may or may not include the children. The protective order matter is now intertwined with the dissolution, and may affect parenting time or the ability of the parties to communicate.

Another allegation that may delay a divorce off track is a DCS (Department of Child Services) allegation. DCS allegations are very serious matters, and often, an investigation will be conducted to substantiate or unsubstantiated claims. In some cases, a CHINS (Children in Need of Services) case may be filed with the Court regarding the well-being of the children. This may delay a dissolution matter or be consolidated with same and complicate a custody determination.

A criminal case in the midst of a dissolution matter can also delay the case. If one party is arrested and/or charged with a crime during the pendency of dissolution, it may impact the divorce case, or at least delay same. For example, if a parent is in the process of working toward custody and is arrested for drug possession and use, this creates potential to push the custody matter off the tracks.

Dissolution matters can be delayed by accusations and allegations, and same can impact the results of a dissolution case. We hope that this blog post has been helpful in exploring some ways allegations or accusations can complicate or delay a dissolution matter. This blog is not intended as legal advice. If you have questions or concerns about your case, CIYOU & DIXON, P.C. may be able to help evaluate same. Ciyou & Dixon, P.C. practices throughout the state of Indiana. This post was written by attorney, Jessica Keyes.

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