Traditional Divorce vs. Uncontested Divorce: Understanding the Difference
When filing for divorce in Indiana, it’s important to determine whether your case is uncontested or requires a traditional divorce process.
✔ Uncontested Divorce – Both parties agree on all key issues (child custody, property division, and spousal support). This process moves quickly and can be finalized in as little as 60 days.
✔ Traditional Divorce – The spouses do not agree on one or more major issues, requiring legal intervention and court hearings to reach a resolution.
If your divorce involves contested custody, financial disputes, or high-value assets, you will likely go through the traditional divorce process.
Steps in the Traditional Divorce Process in Indiana
1. Prepare for Divorce
Before filing, gather financial records, property details, and any child custody-related documents. If you're unsure of what to prepare, you can download our free divorce guide to start identifying key issues.
2. File the Divorce Petition
To begin the divorce process, one spouse (the petitioner) must file a Petition for Dissolution of Marriage with the court. This filing will outline any requests for property division, spousal support, or child custody.
✔ If urgent matters need to be addressed (e.g., temporary custody or financial support), you may request a preliminary hearing at this stage.
3. Attend a Preliminary Hearing (If Needed)
A preliminary or provisional hearing may be required if there are immediate concerns about:
✔ Who lives in the marital home
✔ Who pays household bills
✔ Temporary child custody and parenting time
✔ Spousal support or child support needs
This hearing is typically one hour long, and the judge issues temporary orders that stay in place until the final divorce ruling.
4. Discovery Process
During discovery, both parties exchange financial and legal information. This process includes:
✔ Reviewing bank statements, debts, and property valuations
✔ Gathering business or real estate appraisals
✔ Assembling school and medical records for child custody cases
✔ Conducting depositions or interviews to collect sworn statements
This phase ensures that both parties have complete transparency before mediation or trial.
5. Mediation: Finding Common Ground
In Indiana, mediation is often required before proceeding to trial. Mediation involves:
✔ A neutral third-party mediator helping both spouses reach a settlement
✔ Discussions on property division, child custody, and spousal support
✔ The opportunity to avoid court hearings and additional legal fees
Many cases are resolved fully or partially through mediation, making it a cost-effective and efficient step in the process.
6. Final Hearing: The Divorce Trial
If mediation fails, the divorce proceeds to a final hearing before a judge.
✔ This is typically a half-day or full-day trial where both spouses present their cases.
✔ You can call witnesses, submit evidence, and make legal arguments.
✔ The judge makes a final decision on custody, child support, spousal support, and asset division.
Once the judge issues a final order, your divorce is legally complete.
How Much Does a Traditional Divorce Cost in Indiana?
The cost of a traditional divorce varies based on case complexity.
✔ Typical cost range: $5,000 – $15,000
✔ Factors that impact cost:
✅ Disputes over child custody or spousal support
✅ High-value assets that require expert valuations
✅ Length of legal proceedings and number of hearings
💰 Cost-Saving Tip: Flat-fee divorce representation can help control legal expenses compared to hourly billing.
Final Thoughts: Preparing for Your Divorce
A traditional divorce can take time and financial resources, but having a clear strategy and legal guidance can protect your interests. If you’re facing a divorce in Indiana, it’s essential to work with an experienced attorney who can negotiate on your behalf and guide you through the court process.
📞 Call Vining Legal at (317) 759-3225
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