Are written agreements possible in an Indiana divorce?

On Behalf of | Jun 27, 2019 | Divorce

While the concept of ending a marriage in Indiana is generally viewed as one in which there are constant disputes over a wide range of issues, it does not necessarily need to be that way in every case. Adversarial divorces can be complex. Sometimes it is unavoidable that there will be rancor and disagreements over children, support and property division in a divorce. But some couples can look beyond the factors that sparked the plan to end the marriage and simply part ways without arguing. It might even be amicable.

For these couples, it is important to know how written agreements can be beneficial in saving time, money and might reduce the emotional impact of a divorce. The law seeks an amicable resolution whenever possible. With that, the parties can have a written agreement about the following aspects of a divorce: maintenance that will be paid by one party to the other; how property will be disposed of and who owns what; and child custody and support.

When there is a divorce, the agreement will then be integrated into the final decision with the parties being required to adhere to its terms. Provisions can be listed for how property is disposed of, child support, maintenance and custody. When there is a property agreement and it is incorporated into the decree, it cannot be modified unless the agreement specifically states it can be modified or the parties agree to a modification.

Rather than have an extended dispute, if there is the foundation for a written agreement, the parties can use this to settle the case relatively quickly. Still, when moving forward with a written agreement, it is always a wise step to have legal assistance to ensure the process is fair and mistakes are avoided.

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