Divorce often requires decisions about your children, home, and finances before you have had much time to consider what life will look like afterward. You may agree with your spouse on some matters and be far apart on others. Understanding your options can help you determine what needs immediate attention and which issues require further discussion.
Working with one of our divorce attorneys in Fort Wayne gives you an opportunity to evaluate those decisions before signing an agreement or making changes that could affect your case. The appropriate approach will depend on your family’s circumstances, the information available, and the issues that remain unresolved.
Options for Resolving a Divorce
A divorce does not always require a contested trial. Spouses may resolve their differences through negotiation or mediation, and only asking the court to decide issues they cannot settle. Even when a case begins with substantial disagreement, an agreement may still be possible as information is exchanged and each person’s priorities become clearer.
Negotiating an Agreement
Negotiation outside of Court proceedings allows spouses, often through their attorneys, to exchange proposals about property, debts, financial support, and parenting arrangements. An attorney can review financial information, identify terms that need clarification, and explain the consequences of a proposed settlement.
Agreeing on the general idea is only part of the work. For example, an agreement that one spouse will keep the house should also address how equity will be handled, responsibility for the mortgage, and any necessary refinancing or sale deadlines.
The written terms should reflect what both parties understand and intend. Court approval and the required divorce filings remain necessary even when spouses agree.
Mediation
Mediation brings in a neutral person to help the parties discuss disputed issues and work toward an agreement. The mediator does not decide the case or serve as either spouse’s attorney. Your own attorney can advise you about proposals and help you understand what you would be accepting.
Through mediation and other forms of alternative dispute resolution, parties may settle an entire case or narrow the issues that may require a hearing. Participation in the mediation process may be ordered by the court, but a mediator cannot force you to accept a particular settlement.
Asking the Court to Decide
When an agreement cannot be reached, a judge can decide the disputed issues after considering evidence and applicable law. Preparation may involve financial records, testimony, parenting history, and other information relevant to the requested orders.
Concerns about violence, intimidation, or a child’s safety should be raised with your attorney promptly so that discussions may be held regarding appropriate safeguards and the need for court intervention.
Understanding Legal Custody, Physical Custody, and Parenting Time
These terms address different aspects of a child’s care and upbringing:
- Legal Custody: Determines who has authority over major decisions, including education, health care, and religious training. With joint legal custody, parents share that responsibility. Sole legal custody places that authority with one parent, subject to the court’s order.
- Physical Custody: Describes the child’s living arrangements, including whether the child lives primarily with one parent or shares time between households.
- Parenting Time: Establishes when the child spends time with each parent, including regular schedules, holidays, and school breaks.
Joint legal custody does not automatically mean an equal division of parenting time. Parents may share major decisions while the child lives primarily with one parent. The parenting schedule and responsibility for major decisions should be carefully considered when developing an agreement or seeking court determination.
How Indiana Courts Evaluate Child Custody
Indiana courts determine custody according to the child’s best interests, without a presumption favoring either parent. Relevant considerations include the child’s relationships with parents and siblings, adjustment to home and school, the health of those involved, and evidence of a pattern of domestic or family violence.
The court may also consider the child’s wishes, giving greater consideration when the child is at least 14 years old. However, that does not mean a child can simply choose the outcome.
For joint legal custody, the parents’ willingness and ability to communicate and cooperate on the child’s behalf also matter. An arrangement should account for how decisions will be made when the parents disagree.
Creating a Parenting Plan That Addresses Daily Life
A parenting schedule needs to work beyond an ordinary school week. Transportation, work hours, school breaks, and a child’s activities can all affect whether an arrangement is practical.
The Indiana Parenting Time Guidelines provide a starting point for many families, but the appropriate plan depends on the child’s needs and the circumstances of the case. Situations involving family violence or other safety concerns require separate consideration.
A detailed plan should address:
- Regular weekday and weekend schedules
- Holidays, birthdays, school breaks, and vacations
- Pickup locations, transportation, and exchange times
- Communication between parents and with the child
- Sharing school and medical information
- Procedures for schedule changes and disagreements
For example, “alternating holidays” leaves questions about which holidays are included and when each period begins and ends. Addressing those details in advance can reduce avoidable disputes.
Addressing Immediate Needs with Temporary Orders
Some decisions cannot wait until the divorce is final. Temporary orders, also called provisional orders, can address matters such as custody, support, and possession of the family home while the case is pending.
These orders establish responsibilities during the process without necessarily determining the outcome. If there is uncertainty about living arrangements, access to financial support, or care of the children, an attorney can explain what temporary relief may be available and how to request it.
Revisiting Custody or Parenting Arrangements Later
A child’s needs and a family’s circumstances may change after an order is entered. While orders regarding property division generally cannot be modified, orders concerning custody, parenting time and child support may be modified depending upon the circumstances. Each of these concepts has different requirements for modification.
In an Indiana divorce case, changing custody generally requires both a finding that the change serves the child’s best interests and a substantial change in a relevant statutory factor. A disagreement with the existing arrangement, by itself, is not enough.
Before treating an informal agreement as a permanent change, ask an attorney whether court approval is needed and how the change should be documented.
Preparing for Your First Attorney Meeting
You do not need to resolve every question before speaking with an attorney. Bringing organized information can make the conversation more useful and help identify what needs attention first.
Helpful materials include recent income records and tax returns, account statements, mortgage and loan information, existing court orders, and any proposed agreements. For custody concerns, bring school and activity schedules, information about caregiving responsibilities, and relevant communications.
Be prepared to explain your priorities and any immediate concerns. Ask about the likely process, fees, communication, and the advantages and limitations of each available approach. Your attorney should help you understand the decisions ahead and the information needed to evaluate them.
Divorce and Family Law Guidance in Fort Wayne
At Burt Blee, our Fort Wayne family law attorneys assist clients with divorce, custody, parenting time, child support, and modifications. Our attorneys work with clients through negotiation and mediation and provide courtroom representation when disputes require a judge’s decision.
We take the time to understand your circumstances, explain your options, and address the issues that matter to your family. Contact us to discuss your divorce or custody concerns.
