Once a spouse files for divorce there are several matters that need to be addressed prior to the finalizing of the dissolution of the marriage. Sometimes spouses talk before the divorce is filed and determine how custody and parenting time will be arranged, who will stay in the marital home, who will pay what bills, and other matters. However, sometimes a divorce may not be expected or spouses are unable to compromise and agree on preliminary arrangements. When no agreement can be made, a preliminary hearing is necessary.
Not every divorce requires a preliminary hearing or agreement. If spouses can amicably agree on child support and custody issues and financial obligations during pendency of the divorce then there is no reason to address preliminary issues. Likewise, for spouses who have been separated and have separate finances there may be no need for a preliminary agreement or hearing.
If spouses can work out an agreement addressing preliminary issues without going to court they may enter into a preliminary agreement, which has the same effect as a court order but does not require a hearing. For spouses who cannot agree on these preliminary issues, a preliminary hearing can be requested in the initial filing for divorce.
The Hearing
A preliminary hearing is conducted by the court for the purpose of setting rules for the spouses to adhere to during the pendency of their divorce proceedings. Preliminary issues in divorce proceedings include child support, child custody, spousal maintenance, payments of debts and possession of the marital residence.
In Indiana, there is a 60-day waiting period from the filing of the divorce to the time a judge can dissolve a marriage. Typically, divorces can take longer because of the various issues that must be considered. At the hearing the judge will hear the arguments from each spouse’s attorney on contended issues. Often each party will testify. In most cases, judges will try to maintain the status quo so as to not disrupt the spouses’ lives and the lives of any children during the pendency of the divorce.
The preliminary hearing does not finalize the division of assets or child custody. Preliminary orders are just that, preliminary, and are not final. This means that anything determined at a preliminary hearing or in a preliminary agreement is meant to remain in place during the pendency of the action. These can either be modified or incorporated once the divorce is finalized.
Consult an Attorney
Whether you want to sit down and address preliminary matters in an agreement between you and your spouse, or if you have already attempted to amicably resolve preliminary matters and have been unable to do so, it is important to consult an attorney to represent your interests at a preliminary hearing. Attorney Christopher L. Arrington has the experience and dedication representing clients in family law matters in Indiana. If you have been served divorce papers or you are contemplating divorce, please contact Attorney Arrington to discuss your case.