From Filing to Final Orders

Every divorce is different, and the timeline and sequence of events will vary from one case to the next. In uncontested divorces, you may be able to reach an agreement with your spouse before ever setting foot in a courtroom. For a complex or highly contested divorce, additional steps may be required, such as custody evaluations or real estate assessments. For most cases, there are a few common dates and milestones to expect as your case progresses.

Common Milestones

1. Filing for Divorce

Either party can file for divorce. In Indiana, this is done by submitting a Verified Petition for Dissolution of Marriage with the county clerk. After filing, copies of the divorce paperwork must then be given to the other party.

In many states, the date of separation, or the date when a couple has effectively agreed to end the marriage and live independently, is used to determine the value of marital assets and debts that will need to be divided, as well as how support is determined. In other states, including Indiana, it’s the filing date that determines when the couple has legally separated.

Although family court judges have wide discretion on how to divide and value marital assets, the general assumption is that all assets acquired prior to the date of filing (including assets acquired before the marriage) are considered marital property.

If you are contemplating divorce, understanding the financial impact of separation, cohabitating, and filing dates is an important first step in the process. Attorneys in your county or jurisdiction can help you determine the best next steps for your family.

2. Provisional Orders (Temporary Orders)

Some divorces may take months or years to finalize. A provisional hearing is an opportunity to address critical issues such as child custody, living arrangements, access to property and assets, child/spousal support, and other financial matters. The provisional, or temporary, order that is issued serves as the enforceable, interim order until final decree is in place.

3. Discovery

As negotiation and settlement discussions begin, the parties may request various information about the other’s employment, income, finances, assets and debts, as well as topics pertaining to the child(ren), or other matters that are relevant to the divorce.

Discovery may include any or all of the following:

• Interrogatories: Questions presented to the other party, which must be answered in writing and under oath.

• Depositions: Questions posed to the other party, often conducted in person, which must be answered under oath. Responses are transcribed and become part of the official written record.

• Request for Production of Documents: Common requests include financial documents such as pay stubs, tax returns, account statements. For self-employed individuals, select documents pertaining to their business may be requested.

• Valuation or Appraisals: Frequently requested for real estate holdings, high value assets, and business interests.

4. Mediation

For many couples, mediation is an opportunity to reach agreements on asset division, parenting plans, and other matters related to your separation and divorce. Even in contested divorces where the parties may struggle to find common ground, mediation can serve as a valuable step in the process. Taking the time to identify your priorities and goals ahead of time allows you to effectively advocate for yourself and your children.

Before heading into mediation, book a Strategy Call to learn about the different types of mediation, undersand what options may exist for selecting a mediator, and receive a clear, strategic plan to ensure you are well prepared for mediation, both tactically and emotionally.

5. Settlement Agreement

If the parties are able to reach an agreement on all issues, they can create and sign a Settlement Agreement, which is then filed with the Court.

Settlement Agreements typically address all matters relating to:

• The division of property, assets and debt

• Maintenance, child support and/or other financial support

• Child custody and parenting schedules

• Other child-related issues such as health insurance, education, expenses and more.

6. Final Hearing

If the parties cannot reach an agreement themselves, the case then moves to a final hearing, where a judge will ultimately issue a final order, or final decree. Depending on the complexity of the case, hearings may be scheduled for a single day or multiple days, allowing time for each party to present their arguments, submit documents and exhibits into evidence, provide testimony, or call witnesses. Similar to a negotiated or mediated agreement, the final Order can address all relevant matters involving the division of assets, child custody, financial support, and more.

Ready to take the next step? Schedule a Divorce Strategy Session today.

This content is for informational purposes and isn't a substitute for advice from a licensed attorney or financial professional. Every situation is different — consult a professional before making financial or legal decisions specific to your circumstances.