At present, unfortunately, people have become frivolous to treat both the marriage and its dissolution. Divorce, in general, has become the same mundane action as buying a new car or going on vacation abroad.
The decision to marry is usually taken at ease, lush weddings are played, oaths of love are given, and later comes the understanding that there is no future in the marriage relationship. And most often they write in the statements of the claim that the reason for the dissolution of marriage is the lack of joint prospects.
This article will describe some factors that can help you speed up a divorce. In turn, a family law attorney will help avoid conflicts with the interested party. The current legislation of Indiana has established a minimum period of 3 months for divorce in court. This time should be used to determine the possibility of reconciliation of spouses, as well as to reach an agreement on ordinary minor children, the division of property. The maximum term is limited to 6 months, which the court provides the spouses with an additional goal of reconciliation.
However, it should be borne in mind that in the event of a dispute about the division of jointly acquired property, the issue of raising children, their residence and material support, this period increases accordingly.
Getting consent from the second spouse to dissolve a marriage is the surest and most effective way to speed up the divorce process. In this case, in the presence of particular circumstances (absence of ordinary minor children and a property dispute), the spouses may apply to the body registering acts of civil status with a written statement and after one month from the date of its filing the marriage will be terminated. If the spouse who agreed to the divorce evades the registrar to dissolve the marriage, then only the court order remains.
However, there is a way out. The second spouse can express his consent in court in person, or arrange it in the form of a statement and send it to the court.
Also, the mere fact of having concluded a marriage contract between spouses following the requirements of the legislation reduces the time for consideration of the case in court. In this case, the court’s request for property division by the court will be refused. It is not a secret to anyone that it is the existence of a property dispute that impedes the speedy and conflict-free resolution of the divorce process.
The legislator also provided for the possibility of entering into an agreement between the spouses upon the dissolution of the marriage, as well as a deal on the payment of alimony, in which the parties can determine not only the order and amount of cash for the maintenance of children but also the transfer of the property to the child. It is worth noting that the agreement on the payment of alimony is often beneficial to both parties because it has the most favorable conditions than those provided by law, and the basis of the court decision.
Please note that the dissolution of a marriage in a court order begins with filing a claim, which you can prepare yourself, or a family law lawyer can help you to ensure reliable protection of your interests and to avoid surprises in legal proceedings. If you have a notarized power of attorney, a lawyer can act in the divorce proceedings as your representative and ensure that the dispute is considered and a decision is made in your absence.
It is essential in such cases to seek professional protection on time. As part of the consultation, the divorce lawyer will outline the whole range of related issues that he can provide in the framework of the dissolution of your marriage. When drafting a claim on divorce, he will be able to focus your attention on a more accurate and complete statement of the reasons for divorce, as well as explain what evidence of the actual breakup of the family must be presented to the court and in what form. Concerning the problems of bringing up and ensuring children, the issues of division of jointly acquired property will help to develop a line of protection for your property and non-property rights.
Thus, the lawyer on family law, having drafted to you precisely a motivated claim for divorce, will thereby ensure that the other party receives a consistent refusal to grant her time to reconciliation, and thus significantly speed up the divorce process.
To speed up a divorce through court, a lawyer can use some techniques aimed at reducing the time of the divorce proceedings, even if one of the parties purposefully delays this process.
The divorce lawyer will provide for the resolution of the case:
• Submission of evidence of the impossibility of preserving the family, its actual breakup, including testimony and other reliable data;
• Using additional ways to notify the respondent about the date and time of the hearing, including the possible involvement of housing and internal affairs bodies, in case the second spouse evades the appearance of the court to delay consideration of the case;
• Justification of the facts of the defendant’s conduct in court;
• Verification of evidence submitted by the defendant, their analysis and challenging;
• Seek additional evidence to confirm your position on the case.
Thus, only the active position of a lawyer, aimed at protecting the rights and interests of the client, will ensure that the spouses obtain a divorce as soon as possible and avoid additional conflicts and disagreements in the future.
If your spouse has set a goal of maximally delaying the process of divorce, using it as a lever to pressure your children, does not want to divide property peacefully, then the most appropriate solution to this situation is to seek help from divorce lawyers who can significantly simplify and speed up the process of divorce. This decision, in turn, will allow you to minimize your time, money and nerves.