Important points about an Indiana divorce decree

On Behalf of | May 17, 2019 | Divorce

Indianans who have made the decision to divorce will have many questions and concerns about the process. While these issues will often be related to support, property division and custody of children, it is also important to remember how the process will go as the case nears its conclusion. Because the divorce decree will be final and making changes or disputing factors after the dissolution is completed can be difficult, this is an under-the-radar consideration that should be assessed from the start. Knowing how the law handles the final hearing and the decree is imperative to a case.

In a final hearing with a divorce, the court will take evidence into consideration. That will include any agreement the parties have come to or pleadings with the court. If the court decides that material allegations in the divorce petition are accurate, it will enter an order for dissolution or it can order that the parties seek reconciliation. The reconciliation attempt will be ordered if the court decides that there is a reasonable chance of it succeeding. If such an order is made, the case will be continued so the parties can have counseling and seek to save the marriage.

After the continuance, there will be 45 days in which either party can move to have the marriage dissolved and the court can enter a decree of dissolution. If there is no motion for dissolution, the court will wait 90 days from when the continuance was ordered and it will be dismissed. When there is an order for dissolution, there is a right to appeal. If the appeal does not issue a challenge to the findings regarding the dissolution, it will not delay the end of the marriage. Therefore, if a party wants to remarry, they can do so.

Many aspects of a divorce can be complicated and confusing and even when the process is near its conclusion, there will be legal considerations to think about. For people who are getting a divorce, it is important to have legal help from the beginning to address various matters and to be fully protected. A law firm that is experienced in all areas of divorce can be of significant help in any case whether it is friendly or contentious. Calling for legal advice is the first step.

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