Indiana Law Blog
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:
- Child custody and parenting time
- Child support
- Spousal maintenance (temporary alimony)
- Use of the marital home and property division
The goal of this hearing is not to decide the final outcome of the divorce but to provide structure and stability during the process, which can take several months or longer. Preliminary hearings are often scheduled soon after the divorce petition is filed, especially when immediate issues—like child custody or financial support—need quick resolution.
What Happens During the Preliminary Hearing?
A preliminary hearing usually takes place in a courtroom before a judge or magistrate. Both spouses, and their attorneys if represented, will have the opportunity to present their positions and request specific temporary orders. Hearings are generally brief—often under an hour—but can vary depending on the complexity of the case.
Here’s what typically occurs:
- Opening Statements: Each party outlines their requests, such as who should have temporary custody, how parenting time should be divided, who will pay support, or who should remain in the marital home.
- Presentation of Evidence: Unlike a final hearing, preliminary hearings are more informal. Limited evidence may be presented—often pay stubs, bank statements, or affidavits supporting financial or custody claims. Witness testimony is uncommon unless clarification is needed.
- Judge’s Decision: After hearing both sides, the judge issues temporary orders based on the best interests of the child and fairness between the parties. These orders remain in effect until the final divorce decree or a later court modification.
Judges may also encourage both sides to reach agreements on certain issues, which can reduce conflict and legal costs.
How to Prepare for Your Preliminary Hearing
Preparation is key to presenting your case effectively. Consider these steps:
- Consult an Attorney: You can represent yourself, but an experienced Indiana family law attorney can help you understand your rights and advocate for your position effectively.
- Gather Financial Documents: Be ready to provide pay stubs, tax returns, expense lists, and debt information. Transparency is critical in determining temporary support or property arrangements.
- Create a Parenting Plan: If you have children, outline your preferred custody and parenting time schedule. Indiana courts prioritize stability and the child’s best interests when making custody decisions.
- Understand Indiana Guidelines: Familiarize yourself with Indiana’s Child Support Guidelines and custody standards. Knowing what the court considers can help you make realistic requests.
- Be Professional: Dress appropriately, arrive early, and remain calm and respectful. Judges expect civility from both parties.
Common Issues Addressed at the Hearing
Preliminary hearings focus on immediate, practical concerns. Common topics include:
- Child Custody and Parenting Time: Temporary arrangements are made to ensure consistency for the child. Indiana courts favor shared parenting unless it’s not in the child’s best interest.
- Child Support: Calculated using Indiana’s Child Support Guidelines, which factor in both parents’ incomes and the child’s needs.
- Spousal Maintenance: Temporary maintenance may be ordered if one spouse needs financial help, depending on income disparity and circumstances.
- Property and Debt Division: The court may decide who stays in the marital home or how shared bills will be handled temporarily. Indiana follows an equitable distribution approach, meaning assets and debts are divided fairly, not necessarily equally.
What to Keep in Mind
Temporary orders set during the preliminary hearing are not permanent, but they can influence the final outcome—especially in custody cases, where stability matters. It’s important to advocate clearly for your position from the start.
If you disagree with the temporary orders, you can later request a modification if circumstances change significantly. However, addressing key concerns early helps avoid future disputes.
Judges often encourage mediation or settlement discussions to resolve conflicts outside of court. These approaches can save time, reduce stress, and give both parties more control over the final outcome.
Final Thoughts
Your first preliminary hearing is a pivotal step in your Indiana divorce. While it doesn’t determine the final result, it sets the tone and structure for the months ahead. By preparing thoroughly, understanding the process, and maintaining professionalism, you can approach this hearing with confidence. Whether the focus is on custody, support, or financial stability, the goal is to create a workable framework for you and your family as you move toward resolution.
If you’re unsure how to proceed, consult a qualified Indiana family law attorney who can guide you through the process and ensure your interests are protected every step of the way. When your family’s future is on the line, you deserve trusted guidance. Schedule an appointment with Harshman Ponist Smith & Rayl, LLC.