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If you and your spouse are finding it impossible to agree on key issues in your divorce, your case has likely become a contested one. This type of divorce can quickly become stressful, costly, and time-consuming. In these circumstances, you deserve clear answers and a plan to protect your rights, break the impasse, and help you move forward with your life.
The Indiana divorce attorneys at Myers & Wallace, LLP, understand what’s at stake and how we can secure your future. When you come to us for help, you can expect us to prepare your case thoroughly, guide you through hearings and mediation, and pursue the fair outcomes you deserve regarding custody, support, and property division. Contact our law firm now to discuss your situation in a free initial consultation session with a contested divorce attorney in Indiana, and let us find the right path forward.
A contested divorce happens when spouses cannot agree on one or more key issues. Disagreements might involve child custody, child support, property division, or spousal maintenance. When spouses disagree on these matters, the court may need to step in to review evidence and make final decisions.
The contested divorce process often includes hearings, discovery, mediation, and, if necessary, a trial. During this process, each spouse has the chance to present their side before the judge issues a ruling. Contested divorces usually take longer and cost more than uncontested cases because they require more court involvement. Despite the added time and stress, contested divorce proceedings may be the best way to reach a fair outcome when cooperation is not possible.
Indiana law recognizes both no-fault and fault-based grounds for divorce. In a no-fault divorce, spouses simply state that the marriage has broken down beyond repair. Neither spouse must prove wrongdoing, and the court does not assign blame for the end of the relationship. This option is the most common because it simplifies the process and allows the parties to focus on other issues.
Fault-based grounds are less common because they require spouses to prove specific circumstances as defined by law. Possible fault-based grounds for divorce include:
If a spouse files under one of these fault-based reasons, they must provide evidence to support the claim before the court may grant the divorce.
To file for divorce in Indiana, at least one spouse must have lived in the state for six months and in the county of filing for three months before submitting the petition. The filing spouse, called the petitioner, begins the process by submitting a Petition for Dissolution of Marriage to the county court. After filing, the court imposes a mandatory 60-day waiting period before it may issue a divorce decree. This time allows the spouses to exchange information, attend mediation if required, and prepare for hearings if the case remains contested.
The divorce process gets much more involved when spouses disagree on one or more major issues because the court must resolve all disputed issues before finalizing the divorce. Unlike uncontested divorce cases, where spouses simply prepare settlement agreements and submit them to the court for approval, contested cases require multiple steps before the final decree.
After filing, both parties must exchange detailed financial and personal information through discovery, which can involve subpoenas, depositions, and expert evaluations. If disputes arise, it can lead to motions and temporary hearings about custody, support, or property use while the divorce is pending.
The court may order mediation, but if the spouses still disagree, the case might need to go to trial. There, each side submits evidence and witness lists before the final hearing. The process takes longer, involves more court appearances, and requires closer judicial oversight at every stage.
Contested divorces in Indiana often involve disagreements over how to handle the most personal parts of a marriage: children, finances, and property. If spouses cannot agree on how to resolve these key issues, the court makes the final decisions based on the facts, the law, and what it considers fair.
Child custody disputes are among the most emotional parts of many contested divorces. If parents cannot agree on custody and parenting time matters, the court makes decisions based on the child’s best interests. Judges review factors like each parent’s relationship with the child, their ability to provide a stable home, and the child’s adjustment to new routines to determine what’s best for the child.
Indiana uses specific guidelines to calculate child support. These guidelines consider factors like each parent’s income, childcare and health insurance costs, and the number of overnight visits the child has with each parent. The court may adjust the calculated amount if special circumstances exist, such as medical needs or educational expenses.
Indiana law presumes that an equal division of marital property is fair. However, either spouse can persuade the court to make an exception by presenting evidence showing that an equal split would not be reasonable. Courts review factors such as contributions to the marriage, property acquired before marriage, inheritances, and each spouse’s financial condition when deciding how to divide assets.
Courts may award spousal maintenance if one spouse cannot meet their financial needs after the divorce. This might be the case if a spouse is physically or mentally incapacitated or if one spouse must care for a child with a serious physical or mental condition that prevents regular employment. The court may also award rehabilitative maintenance to help a spouse return to work if they spent years out of the workforce for homemaking or child care.
In contested divorces, hearings give each spouse the chance to present facts and evidence that support their position. This might include financial records, witness statements, photos, text messages, and expert testimony. Each party’s lawyer then questions witnesses and submits exhibits to clarify issues like income, parenting ability, or asset value.
Judges rely on this evidence to assess credibility and make decisions that follow Indiana law. The court decides on custody, property division, and other matters based on what the evidence shows, not personal opinions or emotions. Because case outcomes depend heavily on the information presented, careful preparation and clear documentation can make a meaningful difference in how the court rules.
A contested divorce typically involves complex legal and financial decisions that can affect your future for years. A seasoned divorce lawyer can protect your future by identifying what evidence the court will consider important and preparing accordingly. They can also handle communication between you and your spouse to reduce potential conflict and keep negotiations focused on fair outcomes.
Legal representation is especially important in cases that go to trial. There, an attorney can present arguments, cross-examine witnesses, and ensure the court hears all the relevant facts. When both parties have legal representation, it keeps the process balanced, which is critical if one spouse has more financial control or information. Skilled guidance can help you make informed choices that protect your interests in custody, child support, and property matters.
Disputes over money, children, or assets can make any divorce feel overwhelming. The team at Myers & Wallace, LLP, can help you take control of the process by setting clear goals and developing strong legal strategies. Reach out to us now for a free initial consultation. We can review your situation, answer your questions, and help you make informed decisions about how to move forward.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
