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What Happens When You Want an Indiana Divorce but Your Spouse Does Not?

If you have been unhappy for some time in your marriage, you may have come to the conclusion that a divorce is the only way forward. If your spouse does not agree and is trying to put up roadblocks to stop the divorce from proceeding, this is not only frustrating but can draw out the process for a long time. The good news is that while your spouse can make your Indiana divorce more challenging, ultimately he or she cannot stop you from legally leaving a union in which you no longer want to remain.

When it is time to put an end to a marriage that is not working, call Christopher L. Arrington, an Indiana divorce attorney. Even when both parties want a divorce, it is still often a disruptive and emotional process. When there are children involved, it can be even more stressful. When one spouse wants the divorce and the other does not, the situation can rapidly become quite contentious. Christopher L. Arrington will focus on your goals and use the most creative strategies to ensure that you get the most positive outcome possible.

How to Get a Divorce in Indiana?

When your divorce is amicable and both parties want to make a clean split, the process can go rather quickly and can be fairly peaceful. A contested Indiana divorce process, though, can become lengthy and expensive. When you have been going back and forth with your spouse and fighting every step of the way, it is taxing. At this point, the best route forward may be to schedule a preliminary hearing in front of a judge.

When you and your spouse go to a preliminary hearing, the judge will do the following:

  • Rule who has the legal right to keep and stay in your home.
  • Put forth an order that will divvy up who is responsible for what bills.
  • Issue a child support order for couples with children.
  • Divide property.

Your spouse is obligated by law to follow the judgments that are made in your Indiana divorce hearing. The hope is that they do follow the guidelines and work with you rather than against you. When you and your spouse work together, your Indiana divorce lawyer will figure out how to resolve the terms of your settlement. When everything is finalized, your lawyer can take your agreement to court to have it become binding. 

If your spouse continues to be difficult and refuses to work with you, your Danville Indiana divorce lawyer will decide if it is time to file a motion for contempt with the court. You will have to schedule a court date where a judge will make the final decisions.

Speak to an Indiana Divorce Attorney

It is certainly not ideal to have to endure a litigious divorce. It is hard on all parties involved including your children. However, when your spouse is determined to be difficult and make the divorce process as painful as possible, you need an attorney on your side who will find the best way to navigate your unique situation so that you secure a fair outcome. Call Christopher L. Arrington, PC, an Indiana divorce attorney to discuss the details of your circumstances at (317) 745-4494. 

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