Friday, September 5, 2008

Expectations for a Divorce Proceeding

Let’s face it, there is no such thing as an “easy divorce.” This can be one of the most painful times a couple can experience, especially when children are involved. Going through a divorce usually involves arguments over property distribution, the custody of the kids and even who gets the family dog. To ease the agony of this proceeding, educate yourself on your rights as a spouse and/or parent.

The “D” Word
Divorces can generally be categorized as contested or uncontested. An uncontested divorce means just that: there are no contested issues between the parties. In such a circumstance, if the parties can reach an agreement, leaving no contested issues, they can finalize the divorce without every having to go to Court.

Contested divorces, on the other hand, do require the intervention or assistance of the Court to finalize the divorce. Sometimes, the Court’s task will be fairly simple, such as making a disposition of the parties’ debts. Some divorces are complex, involving complex issues, such as custody disputes over minor children, or division of a family owned business. In Indiana, there is a mandatory 60 day waiting period before a divorce can be finalized, commencing on the day the petition for dissolution is filed. In complex divorces, however, it is not uncommon for a divorce proceeding to last a year or more, depending upon the complexity of the issues, and the time needed for trial preparation. In any case, if there are minor children of the marriage, the Court will require that the parties complete a “coping with divorce” class before it will grant the divorce, whether the divorce is contested or not.

Building a New Life

The divorce process can be long and drawn out, and take an emotional and financial toll on both parties.

Starting over can often be an overwhelming feeling. Help is available through local churches, community centers and support groups. Also, by educating yourself on the issues concerning divorce, you can fight for the rights you deserve and begin life anew.

I suggest reading my post Tips for a Better Divorce. Then if you are wanting more information on divorce, follow the "Divorce general" link below to more articles on divorces.

If you need an Indiana lawyer for your divorce case, give me a call.

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