If you asked for temporary custody, child support, etc. At this hearing, the Court can enter restraining orders and other temporary orders such as custody, visitation, support, and property.
The provisional order will be in effect only until the final hearing. The court can make different decisions at the final hearing. The Court must decide the issue of custody based on the "best interests" of the child. The Court can consider many things, including:. Indiana has Indiana Parenting Time Guidelines, which tell the courts what visitation the courts should order. The non-custodial parent will usually have visitation every other week-end, and one evening during the week.
Holidays are split between the parents. The non-custodial parent's visitation can be limited if there is proof that visitations would be harmful to the child. The amount of visitation is NOT related to whether the parent has been paying court-ordered child support. Indiana has child support guidelines that the Court uses to decide how much the child support order will be. The guidelines use the parents' income, child care expenses and other factors to come up with the child support amount.
If a parent is not working, the Court will often assume that the parent could earn at least a minimum wage.
In almost all cases, support must be paid through the clerk's office. The support order can also require the non-custodial parent to provide health insurance coverage for the child. You can see the child support guidelines at Child Support Guidelines.
The divorce can be finalized either by going to court for a final hearing or by giving the court papers showing you and your spouse have agreed on all of the issues. This type of arrangement saves significant marital resources that could otherwise be required to maintain a separate household for one of the parties. But who has to leave the house in a divorce when the parties cannot cohabit peaceably?
In such cases, one party may ask the for sole possession of the marital residence while the divorce is pending. Upon receiving such a request, the court would then set the matter for hearing, and each party would have a chance to present evidence and argument in support of his or her position.
At the conclusion of the hearing or sometime shortly thereafter, the court would issue its decision in a pendente lite order. The order could deny the request for sole possession of the home, order the parties to alternate time living in the home, or award possession of the marital residence to one party and order the other party to move out during the divorce. Because every divorce case is different, consult with an experienced divorce lawyer in your area when you need to answer this question.
When one spouse has threatened or committed domestic violence against the other spouse or a child, the non-violent spouse needs to take steps to ensure the safety of him- or herself- and the children of the marriage.
When the court is considering a petition for a protective order, it can still entertain the question of who has to leave the house in a divorce, even if the alleged victim has already vacated the marital residence. Indeed, an Indiana protective order may require the abuser to vacate the marital home. Getting a protective order can substantiate the reason for vacating the home.
However, taking children along when moving should be discussed with your Indianapolis divorce attorney so that temporary custody can become part of the court order. Hancock County, on the other hand, does not require mediation at all. Mediation can actually save you time and money in the long run if you reach an agreement.
Additionally, mediated settlement agreements are enforceable as of the date of the agreement even if the judge takes their time to sign it. Now that you understand how long it may take to get a divorce in Indiana, you can get the divorce process moving by hiring an attorney. The experienced divorce lawyers at Eskew Law can help you get started.
We understand that getting a divorce is a stressful process. In addition to dealing with these issues, the court may also require each parent to complete a mandatory parenting class as part of the Indiana divorce process.
Child-related issues can be highly contentious in a divorce. The minimum period of time required to finalize a divorce in Indiana is 60 days from the date of filing the petition for dissolution to the date of the final decree dissolving the marriage. However, few divorces are resolved in this short span. Most divorces involve at least some disputes, and even those that are amicable require time to gather the necessary documentation to demonstrate the assets and debts of the parties.
When the parties cannot agree on child-related issues, their agreed course varies significantly from the recommendations in the parenting time or child support guidelines, or there are allegations regarding the mental or physical health of a child in relation to a spouse, a child custody evaluation by a licensed mental health provider may also be necessary.
When the spouses agree on all issues in a divorce, they may file a settlement agreement and request that the court approve the same and dissolve the marriage without a hearing. Again, the soonest the court could grant such a request would be 60 days from the date the petition for dissolution was filed. In cases in which the parties dispute one or more issues or have complex property, debt, or child-related matters to resolve, a final hearing a trial may be required. In those cases, each spouse must present evidence on each point of contention, and the court makes the final decision on those issues.
However all of the matters raised in a divorce are resolved, and even if the parties agree on all issues, the divorce is not final until the court issues a decree of dissolution. Whether your divorce terminates a short marriage with few assets and debts or a lengthy marriage with complex assets and disputed issues regarding minor children, you need a family law attorney with deep experience in dissolution cases in particular and litigation generally.
Keffer Hirschauer LLP is a litigation-focused firm dedicated to protecting client rights. Each Indianapolis divorce lawyer serves clients statewide, capably steering them through the dissolution action so they can begin their new life on solid ground. For more information on the Indiana divorce process or how we can help in your divorce case, please contact Keffer Hirschauer LLP by calling or complete this online contact form.
0コメント