When couples make the difficult decision to pursue a divorce, they often face a multitude of complex issues that need careful consideration. Matters such as the division of property and assets, child custody arrangements, visitation agreements, and spousal support all require resolution. In Indiana, couples have the option to obtain temporary orders to address these important matters while they await the final judgment on their divorce.
Temporary orders play a crucial role in providing short-term solutions and maintaining stability during the divorce process. In this article, we will delve deeper into how Indiana’s divorce and temporary order process work, aiming to shed light on the steps involved and the benefits they offer.
Grounds for Divorce in Indiana: Explained
Indiana law requires that a spouse petitioning for divorce establish that the marriage is "irretrievably broken." However, it is worth noting that Indiana also recognizes fault-based divorce in specific circumstances. Some commonly encountered grounds for fault-based divorce in Indiana include:
- Adultery
- Conviction of a Felony
- Abandonment or desertion
- Habitual drunkenness or drug abuse
- Mental impairment
To pursue a fault-based divorce, the petitioner must be prepared to present compelling evidence supporting their claim.
Understanding Indiana’s Temporary Orders Process
Temporary orders are designed to address specific issues and concerns that arise between the filing of divorce and its official resolution. These orders can be either mutually agreed upon by both parties or issued by the judge as court orders.
Temporary orders serve as a valuable tool, bringing clarity and stability during the waiting period. For instance, they enable parents to establish temporary custody arrangements and visitation schedules for their children until a final custody agreement is reached. By setting clear parameters, temporary orders offer a sense of predictability and routine for the children involved.
Additionally, temporary orders can establish crucial financial support measures, such as temporary spousal support or agreements on managing shared bank accounts and covering day-to-day expenses until the divorce is finalized.
Navigating the Process: Filing for Temporary Orders
Obtaining temporary orders requires either spouse to file a Motion for Temporary Orders with the court. This motion must be filed with the court clerk’s office and properly served on the other spouse. Once filed, the court will schedule a hearing where both parties have the opportunity to present their case before the judge.
During the hearing, both spouses can submit evidence, showcasing their positions on matters such as temporary custody, visitation, spousal support, and other relevant issues they wish the court to address via temporary orders. Based on the evidence and arguments presented, the judge will make necessary orders to determine the temporary arrangements.
It is important to remember that temporary orders have an expiration date and cease to be effective once the divorce is finalized. However, these orders can be modified or amended if there are significant changes in circumstances or if new evidence emerges.
Final Thoughts: Simplifying the Divorce Journey
Divorce proceedings can undoubtedly be emotionally challenging, filled with uncertainties and stress, especially when high-conflict issues such as child custody, support, and visitation are involved. Temporary orders serve as a means to streamline the process, reducing anxiety while working towards a final settlement.
If you are contemplating filing for divorce in Indiana, it is highly advisable to seek assistance from an experienced attorney who can provide guidance throughout the process. An attorney will ensure that you fully understand your legal rights, obligations, and the potential benefits of obtaining temporary orders. The expertise and support they offer can make a significant difference in navigating the complexities of divorce proceedings.