For Zionsville residents who are either considering filing for divorce, or who need an attorney to represent them in their Zionsville Divorce action that has already been filed, Halcomb Singler, LLP, can help. Divorce can be a long and drawn-out process or it can be a process that is finished in as little as sixty (60) days. No two (2) Zionsville Divorce cases are the same. Halcomb Singler has the experience to assist those who hope to have a collaborative divorce as well as those with high net worths who find themselves in the midst of quite contentious divorce processes.
At Halcomb Singler, we are aware that, in the case of a first divorce, that the process can be quite overwhelming. Prior to deciding to divorce, most people realize that they will need to divide their assets as well as work out child custody and child support arrangements with their spouse. However, many people do not think of the numerous other changes that will also be necessary such as revising estate plans and beneficiary designations, obtaining a new car insurance policy, or even making sure that you have a copy of important documents such as past income tax returns.
The process of obtaining a divorce varies for Zionsville residents, but it will always begin with the filing of the divorce petition in Boone County, Indiana court. The date of the filing of a divorce petition is quite important because the marital estate is measured from the date of the filing of the Zionsville Divorce. That means that the court, if necessary, will divide up the amount of assets and liabilities that you and your spouse had on the date of filing.
After the petition has been filed there is often a preliminary hearing or a preliminary order is negotiated between the attorneys for the parties. That order directs the parties of their rights and responsibilities during the pendency of the divorce proceedings. Since the divorce isn’t yet final, it is important to know who is entitled to live in the house, who has to pay the car insurance premiums and the parent time schedule if children are involved. The preliminary order is in effect until the parties either reach a settlement agreement or until further order from the Court.
The next step is information sharing, and it may be more or less in depth based upon the case. For example, some divorce clients are certain that they know about all of the financial information for their household and only need their attorney to do a minimal amount of work to determine the amount of property in the marital estate on the date of the filing of the divorce petition. On the other hand, some Zionsville spouses haven’t taken part in the household finances for years. In these cases more discovery must be done to understand the full financial picture of the parties so that their marital estate can be divided. In some high net-worth divorce cases it may also be necessary to hire a forensic accountant to determine whether one spouse has hidden funds in preparation for divorce. When one or both of the spouses have an ownership interest in a family business it is also a common practice to hire a business valuation expert in order for the parties to make an education decision regarding property settlement.
Once discovery is complete the next step is typically an attempt to negotiate a settlement agreement. Many Zionsville couples are able to come to an agreement regarding all issues of their property settlement, child support and parenting time schedule without having a hearing before a judge. This process may take several rounds of negotiation between the lawyers representing each party. In addition, many couples also undergo a mediation in order to determine whether they can reach a resolution. A mediation is a settlement conference at which the parties and their attorneys are present as well as a mediator. The mediator does his or her best to assist the parties in reaching an agreement as to all or some of the issues in their divorce. Mediation is a very useful tool in determining which, if any, issues are left for trial.
If the parties aren’t able to agree on all aspects of their divorce, then they will need to have an evidentiary hearing in front of the Boone County Judge assigned to their case. These hearings can last from an hour to several days depending on the number of issues to be resolved and the complexity of the case. For example, a divorce hearing at which the key issue is the valuation of a business that owns 25 rental properties is probably going to take longer than a hearing where the sole issue for the court to determine is which party is entitled to keep a classic car owned jointly by the couple. Nonetheless, it is important to find an attorney who will take the time to properly prepare you for a final divorce hearing. Many people incorrectly assume that both parties show up to the hearing and “tell their story.” In fact, the Indiana Rules of Evidence dictate the manner in which questions may be asked and answered in a divorce court situation. It is also important to have an attorney who is well versed in these rules. Without an attorney who understands evidentiary issues in divorce, you may be left with inadmissible evidence that favors your spouse’s case being entered into evidence without objection.
At Halcomb Singler, we understand that most Zionsville residents do not fully understand the Indiana divorce process. We do our best to educate our clients on the various divorce laws, how we believe those laws would likely be applied in their cases and advise them accordingly in order to obtain the best possible outcome. Contact Halcomb Singler, LLP, today at (317) 575-8222 to hire your Boone County divorce attorney or click here to contact us.
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