Indiana Divorce Litigation And Mediation

Divorce is one of the most common family law issues people will have in their life. As one of the most common types of civil law, these are serious issues demanding attention from lawyers you know you can trust. The attorneys of Dixon & Moseley, P.C., want you to understand everything necessary to move forward through your Indiana divorce with confidence.

Initiation Of The Divorce Process In Indiana

Every divorce in Indiana begins with the husband or wife filing a Verified Petition for Dissolution of Marriage. This allows the court to determine if it has jurisdiction over the case and other key factors, such as:

• If the wife is pregnant
• If there are proper grounds to provide the divorce court with jurisdiction
• The residency in the state and county to ensure the case is filed in the correct venue
• Notice that the marriage is “irretrievably broken” as required in the Divorce Act

By filing a Verified Petition for Dissolution, you are filing a lawsuit against your divorce for divorce, but unlike most lawsuits, the spouse does not have to provide an answer or in any way respond to this filing. That said, there are a number of strategic reasons to file a response to a divorce petition.

Disclosures Are Necessary For Divorce

The divorce process itself is a complex transaction and before, or near, the time of filing, you will need to work with your counsel to complete a required parenting class, if your court requires it, and a financial declaration to disclose your assets, liabilities and costs of living. Without following the many requirements found in the Divorce Act and any given court’s local rules, the court may not give you a final divorce trial or divorce you if you have reached an agreement.

To reach this point, skilled counsel will educate you about what the presumptions are in Indiana that divorce courts use in your divorce case.  Knowing these presumptions, you can then begin to determine the evidence in your case to meet the presumption or to seek a different outcome (division of assets) in the court’s ruling.

Requirements For Divorce Mediation Services

As a part of the divorce litigation process in Indiana, you will have to bring your case through mediation, a specific class of alternative dispute resolution. Mediation is, essentially, a guided negotiation led by a neutral third party. This third party listens to all sides of a dispute and crafts an agreement designed to find a middle path for all involved parties.

Once the agreement is crafted, you and your legal team have time to review all aspects of it, and then decide whether or not to accept it. If both sides of the dispute agree to the mediator’s suggestion, the mediation is a success and the judge accepts whatever the agreement is. Many clients see the speedy, more amicable and less expensive nature of mediation a massive benefit. However, if the agreement is not accepted, your case will move into the trial phase.

Dixon & Moseley, P.C., provides clients with many services, including representation in mediation. While the firm does not host or conduct the mediation proceedings, an attorney’s role in representing you during mediation is less prominent than in litigation, yet still carries considerable value. The skills of negotiation and the vast legal knowledge that an attorney brings can make a major difference in your case.

Reach Out To Dixon & Moseley, P.C., For Attentive, Careful Service

While all attorneys have different approaches to a family law case, how well you prepare your case and trial theme determines how effective you will be in presenting coherent and relevant evidence at trial. It is ironic, however, that the better prepared you are for trial and mediation, the more likely your divorce will end with a settlement.

The material above is the general anatomy of a divorce case from start to finish in Indiana and reflects the approach to divorce at Dixon & Moseley, P.C., which is for the legal team to advocate their client’s position in an effective and cost-effective way through a trial theme. If this approach is consistent with what you expect in your divorce counsel, maybe you should consider Dixon & Moseley, P.C., as your divorce team. Call 317-350-4108 or send an email to get started.