Indiana Law Blog

Understanding Discovery in Divorce Proceedings: A Guide to Preparation

Published on: November 20, 2025 | by Nicole B. Rydelski

Divorce can be overwhelming, and one of the most critical yet often misunderstood stages is discovery. Whether you’re addressing property division, child custody, or support issues, discovery plays a key role in ensuring a fair and transparent outcome. Understanding this process—and preparing effectively—can make a significant difference in your case.

What Is Discovery in a Divorce?

Discovery is the formal pre-trial phase where both spouses exchange relevant information, documents, and evidence. Its purpose is to promote transparency, prevent surprises in court, and help both sides reach informed settlements or prepare for trial.

What to Expect at Your First Preliminary Hearing for a Divorce in Indiana

Published on: November 18, 2025 | by Nicole B. Rydelski

Going through a divorce can be an emotional and complex process, and the first preliminary hearing in Indiana is often one of the earliest steps in that journey. Understanding what happens at this hearing can ease anxiety and help you prepare effectively.

What Is a Preliminary Hearing in an Indiana Divorce?

In Indiana, a preliminary hearing—also known as a provisional hearing—is typically one of the first court appearances in a divorce case. Its purpose is to establish temporary arrangements that remain in place while the divorce is pending. These temporary orders may address:

What Fairness Looks Like in the Courtroom — and Why We Fight for It

Published on: November 18, 2025 | by Aaron Harshman

At Harshman Ponist Smith & Rayl, LLC, we believe fairness isn’t just an ideal — it’s a responsibility. Whether the case involves family law, criminal defense, or a complex civil dispute, our attorneys approach every courtroom with one goal: to make sure the people we represent are treated justly, heard fully, and respected by the process.

Fairness Starts With Preparation

The public often sees only the few moments that play out in front of a judge or jury. But fairness begins long before anyone steps into the courtroom. It’s in the hours spent reviewing discovery, researching case law, preparing witnesses, and studying how a particular court tends to rule.

The Benefits of Mediation in a Divorce

Published on: November 14, 2025 | by Nicole B. Rydelski

Divorce is often an emotionally and financially draining process, but mediation offers a constructive alternative to traditional litigation, especially in Indiana where family law encourages cooperative solutions. Mediation involves a neutral third party who facilitates discussions between divorcing spouses to reach mutually agreeable solutions on issues like custody, property division, and support. This approach has significant benefits, making it an appealing option for couples seeking a less adversarial path. Here’s why mediation can be a game-changer in divorce proceedings.

Cost-Effective Resolution

Divorce litigation can be expensive, with attorney fees, court costs, and lengthy proceedings adding up quickly. Mediation, by contrast, is typically far less costly. Sessions are scheduled at the couple’s convenience, and resolutions can often be reached in a few meetings, saving thousands compared to drawn-out court battles. In Indiana, where courts may require mediation in contested custody cases, this cost efficiency helps couples preserve financial resources for their post-divorce lives, such as supporting children or rebuilding independently.

Guardianship Done the Right Way: Compassion, Clarity, and Care

Published on: November 13, 2025 | by Aaron Harshman

Guardianship cases are never just about legal paperwork. They’re about people — parents who raised us, loved ones who’ve fallen ill, or children who need protection when life takes an unexpected turn. At Harshman Ponist Smith & Rayl, LLC, we never lose sight of that human story.

More Than Legal Representation

When someone contacts us about a potential guardianship, they’re often anxious and uncertain. They’re worried about doing the right thing, about family conflict, about time running out. From the first conversation, our role is to bring calm and clarity.

Termination of Parental Rights: When and Why It Happens

Published on: November 12, 2025 | by Nicole B. Rydelski

What is Termination of Parental Rights? Termination of parental rights (TPR) permanently ends the legal relationship between a parent and child, eliminating rights to custody, visitation, decision-making, and sometimes child support obligations. TPR can be voluntary (parent-initiated) or involuntary (court-ordered) and is a serious step taken only when necessary to protect a child’s well-being.

When Does TPR Happen? TPR occurs when a court determines it’s in the child’s best interest as it prioritizes their safety and stability. It’s typically a last resort after attempts at reunification—through counseling, parenting classes, or rehabilitation—have failed.

Grounds for Involuntary TPR: Courts may terminate rights without parental consent due to:

The Quiet Side of Estate Planning: Protecting Families Before There’s a Crisis

Published on: November 11, 2025 | by Aaron Harshman

Most people don’t wake up thinking about estate planning. It’s one of those subjects that sits quietly in the background — easy to postpone until life reminds us how unpredictable it can be. But at Harshman Ponist Smith & Rayl, LLC, we’ve seen firsthand how much peace of mind comes from preparing before there’s a crisis.

Planning So Care Comes Naturally

When families call us after a medical emergency or unexpected loss, they’re often in panic mode — trying to manage care, finances, and court procedures all at once. Estate planning is the opposite of that chaos. It’s calm, thoughtful, and proactive.

Contested vs. Uncontested Divorce: What’s the Difference?

Published on: November 10, 2025 | by Nicole B. Rydelski

Divorce is never easy, but understanding the type of divorce you’re facing can help you prepare emotionally, legally, and financially. One of the first distinctions in the process is whether your case is contested or uncontested. Knowing the difference can guide your next steps.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all major issues, including:

Can Children Choose Which Parent to Live With in Indiana?

Published on: November 6, 2025 | by Nicole B. Rydelski

Divorce and separation are challenging, especially for children. A common question during custody disputes is whether a child can choose which parent to live with. In Indiana, the answer depends on the child’s age, maturity, and state law. Here’s a concise overview of how Indiana courts handle this, always prioritizing the child’s best interests.

The Court’s Focus: Best Interests of the Child

Indiana courts (under Ind. Code § 31-17-2-8) decide custody based on what serves the child’s well-being, considering factors like:

Guiding Families Through Indiana Guardianships

Published on: November 6, 2025 | by Aaron Harshman

When someone you love can no longer make safe or sound decisions about their care, the situation can feel overwhelming. At Harshman Ponist Smith & Rayl, LLC, we help families across Indiana navigate the guardianship process with clarity, compassion, and capable legal guidance.

Understanding When Guardianship Is Needed

Our firm is often contacted by family members or close friends who are concerned about a loved one’s well-being. Whether the need arises from an aging parent’s declining health, an adult’s temporary medical condition, or a minor who needs protection, we step in to guide clients through the legal process of obtaining a court order that allows them to provide necessary care.