Indiana Spouse Doesn’t Want Divorce

Posted By : admin
Category : Divorce/Family Law
26 - Aug - 2016

It is not uncommon for one Indiana spouse to file for divorce and the other spouse to be opposed to getting a divorce.  As a result, the opposing spouse might refuse to cooperate, refuse to allow the other spouse to see the children, stop paying joint bills, or any number of other actions.  One question that we receive often is from the spouse who filed the divorce, which is how do I get something accomplished in the divorce since my spouse won’t agree to anything?

In this situation it is likely necessary to get an order from the judge at a preliminary hearing.  A preliminary hearing in Indiana divorces is a hearing that sets the rights and obligations of the parties during the pendency of a divorce.  A divorce in Indiana takes at least 60 days from filing in order for a divorce to be entered.  However, it often takes considerably longer for the parties to either reach a resolution on all of the matters in their divorce and/or to have a final hearing before the divorce court judge.

A preliminary hearing is a short hearing at which the judge will consider such subjects as:

  1.  Which spouse will live in the martial residence during the divorce proceedings?
  2. Which spouse will be responsible for the mortgage, car payment(s)?
  3. Set-up the parenting time schedule;
  4. Establish child support;
  5. Determine if one spouse is moving out of the home what personal property he or she may take;
  6. Which spouse is going to pay the credit card bill.

The above-list is certainly not an exhaustive set of issues that the Court may consider.  So, if one spouse has decided that since they do not want a divorce, it makes a lot of sense for the other spouse to request a preliminary hearing so that they can establish rights and receive a court order that orders their spouse to abide by specific rules and guidelines.  In the event that the spouse who does not want a divorce refuses to abide by the preliminary order, then it may be property to file a motion for contempt with the divorce court.

A preliminary order is especially important in a case where one spouse does not want to get a divorce and is not actively working through his or her attorney towards a divorce settlement/resolution.  In Marion, Hamilton and Boone Counties in Indiana where Halcomb Singler, LLP, practices divorce law, the Courts have full calendars.  While the court judges and their staffs work hard to keep their dockets moving, it can take months to get a final divorce hearing court date.  Even when a court date is set, it is not uncommon for that court date for a final divorce hearing to be continued to a later date by one or both of the parties.  Since the preliminary order will potentially determine the rights and responsibilities of the parties to a divorce for many months, getting this order in place is extremely important.

If you are a resident of Zionsville, Indianapolis, Westfield, Fishers, Carmel or any of the surrounding areas in central Indiana and are contemplating divorce, Halcomb Singler, LLP, can help.  For a consultation please contact our officiate at (317) 575-8222 or click here.  There is a $200.00 fee for the consultation that will be credited to your retainer in the event you retain a Halcomb Singler divorce attorney.  We understand that this can be a very stressful time and we are here to assist you through the divorce process in Indiana.


*Please note that this is general divorce information and every case is different.  This information does not replace the advice of a licensed, qualified divorce attorney in your area.  No attorney/client relationship will form with Halcomb Singler, LLP, as a result of this blog.