Most divorce cases, even those involving complex property issues and hotly contested custody matters resolve at mediation. Those that do not often wind up in final hearings that may go over several non-consecutive days over the expanse of weeks or months. After numerous witnesses, arguments over the admission of exhibits, and cross-examination, most litigants cannot wait to get their divorce decree and order so they can start moving on in life. The question is when should you expect it? This answer to this question is, “it depends”. However, in almost all cases, the court will take the matter “under advisement” ...
Tag: divorce mediation
May 7, 2020CD
In most divorce and post-decree custody cases, Indiana trial courts have local rules requiring the parties to attend mediation before a hearing/trial. While the court can waive this requirement, it is constitutional to mandate the parties go to mediation before trial.1 Statistically speaking, a significant majority of domestic cases settle at mediation. However, to make the most of your mediation, there are three keys to ensuring you enter mediation prepared for a complete resolution; they are analyzed in this blog post. The first is having the documents (in paper or electronic format) to show the value of all significant assets and ...
November 15, 2019CD
Divorce is complex and requires unique steps for each case to be followed before ultimately being finalized—the divorce decree entered, and the parties divorced. There are many avenues that an attorney can take when helping you through your divorce. One of these options is mediation. Most courts order it before a final divorce hearing. However, mediation can be used at any time if this tool makes sense. If you and your spouse are having a difficult time coming to an agreement within your divorce on minor issues or just one issue, it might be time to consider mediation to speed ...
August 1, 2019CD
It may seem strange, but settling divorce outside of court, is really done by contract. This blog post covers this topic because with the freedom to contract guaranteed by the Indiana and United States Constitutions. The way this typically occurs is the attorneys send agreements the parties have reached to be signed and forwarded to the court, have a settlement meeting or attend the mediation. The document that reflects a total agreement or partial agreement is a binding contract. What is so unique about resolving a case by agreement (i.e., contract) is the parties may agree to terms that a trial ...
October 14, 2015Adam Hayes
Divorce proceedings, post decree custody battles, paternity cases, etc., can be both legally and emotionally driven. Many people can become frustrated and angry with the opposing side. But what happens when the other side starts making false statements about you, or even goes so far as to obtain a protective order against you based on false or exaggerated circumstances or incidents? Do you have any recourse? Yes, if unwarranted, you can fight against such allegations under several legal theories. First, if there is a protective order issued, you can request a hearing and defend against the allegations being made ...
October 4, 2012CD
Often, parties may be experiencing marital discord, but are not ready to file for divorce. For these parties, there is another option; namely, legal separation. A legal separation is filed through the Court system, but does not divorce the parties; rather, it provides a separation period and any incidentals that accompany that separation. In order to begin the process/proceedings for a legal separation, the party requesting must file a verified petition (signed by the filing party) that sets forth several requirements. For example, the petition shall include the residence of each party, the date of marriage, the date of separation, and ...
September 20, 2012CD