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What are the steps of divorce?
Step 1:
Initiation. The case begins when you or your spouse files a petition with
the Court. The cost varies depending on the county. In Marion County,
the fee is $150. The non-filing party may also file a counter-petition.
Step 2:
Preliminary Hearing. Either party to a divorce can ask for a preliminary
hearing, at which the Court can establish certain rights temporarily,
such as exclusive possession of the marital residence, custody of the
children, child support, assignment of bills to be paid, and maintenance
(for a disabled spouse or one without significant work history).
If the parties are able to agree on these issues temporarily,
they will not need to go before the Court.
Step 3:
The Final Hearing. If at least sixty (60) days have passed from the filing
date, the Court will schedule a final hearing once a request is made by
one of the parties. If the parties resolve all issues of property, child
support, custody, visitation, and maintenance (if applicable), they can
submit the agreement to the Court without actually going to Court. If
the Court finds that the Agreement is fair, it will enter a divorce decree
and the case will be over.
Step 4:
Enforcement. If one or both of the parties do not do what they promised
in the agreement, either party can move to enforce the agreement. This
can be done at any time.
How long does a divorce take?
If you are able to agree on all issues, the fastest a divorce can be done
is sixty (60) days after the filing date. A hotly contested divorce that
requires collection of a lot of information and expert evaluations of
property or child custody can take as long as a year to two years, depending
on the court’s calendar.
A personal note about divorce.
Although the divorce rate is high, going through a divorce
still has a stigma. I know from my own experience. Even an amicable split
causes emotional and financial changes you may not expect. Often people
going through a divorce simply want the unpleasantness to end, and as
a result, they make rash decisions. Don’t be one of those people.
Even if you do not hire a lawyer to work your case full-time,
do not sign anything without consulting one. You may end your divorce
proceedings now, but you could end up living with regret for years to
come at the unfair hand you dealt yourself.
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