The process of divorce is often full of emotion that extends beyond the couple seeking to dissolve its union. Few come to this decision lightly or quickly, and seeds of animosity that typically spark the desire to end a marriage can easily fuel hostility that drags out the divorce case and leaves everyone feeling dissatisfied. This is not to say that divorce is never warranted or necessary, but there are methods of severing a marriage under Indiana law that work to defuse disputes and allow the parties to possibly leave the process as friends.
A recent article in The Indiana Gazette describes a program in Chester County that works to keep couples together through engaging with other couples in similar situations so that each person can learn how to reengage and communicate more effectively. While not all marriages can be saved, there are alternatives to the traditional judge-focused court case that allow couples to work out their own settlement agreements in less time and at a lower cost. Indiana law endorses two alternative forums to dissolve a marriage. A discussion of each alternative will follow below.
Conciliation
Conciliation is an alternative dispute resolution process that involves the use of conciliator to meet with the couple separately and together in hopes of defusing disputes and leading the couple to a mutual agreement. The conciliator does not have legal authority make decisions for the couple, but can assist with amicably resolving disputes, especially as they relate to child custody and parenting time. Conciliation is a better option over mediation if the couple wishes to learn how to improve their relationship so they can better cooperate as co-parents after divorce. Indiana law permits a court to refer a divorcing a couple to any of the following services or individuals for conciliation:
- Family relations division of the court, if existing;
- Public or private marriage counselors;
- Family services agencies;
- Community mental health services;
- Licensed psychologists;
- Physicians;
- Attorneys;
- Clergy; or
- Mediators.
Typically, the parties will pay for any conciliation services ordered by the court, unless the judge determines that both parties are not financially able to do so, and in that case, the cost is borne by the court.
Mediation
Similar to conciliation, mediators help couples resolve disputes, but all decisions are made by the parties and their attorneys. Attorneys may attend all mediation sessions and review any agreements the parties make. Mediation can be entered into voluntarily, even before a divorce petition is filed in order to streamline the dissolution process, or it may be ordered by a court. Anytime a judge in Indiana is considering issues related to dissolution, separation, support, or child custody, the judge must determine if mediation is an appropriate forum to resolve any disagreements, and if the parties can afford to pay for it. If mediation is ordered, the case is scheduled for a final hearing, and the mediation process must be completed within 60 days, though the court can extend this time period for another 60 days if the parties agree and the mediator requests it. The mediator submits a report to the court at the end of the process advising the court of any agreement the parties made or if the mediation process failed. While the court is not required to accept the agreement of the parties, it is unlikely to reject it unless the court sees an unacceptable preference for one party or an issue that is not in the best interest of a child.
Hire a Family Law Attorney
Working through all the issues connected with divorce can be an overwhelming proposition without the help of an experienced divorce attorney to inform you about your rights and obligations. Attorney Christopher L. Arrington, working for clients in the Indianapolis area, strives to help his clients obtain the goals they want using creative and unique solutions. Contact him to schedule an appointment.