Articles Tagged with Divorce

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. 

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: 

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. 

  1. 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. 

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: 

Introduction

Divorce often involves dividing property and assets, that range from houses, retirement accounts, vehicles, business ownership and all kinds of personal belongings. For the tech-forward, another growing segment of property is being found in these cases: cryptocurrency stored in “cold storage.” If you or your spouse hold digital assets offline on a hardware wallet or similar device, it can raise unexpected questions and issues during the divorce process.

What Is Cold-Storage Cryptocurrency?

Disclosure vs. Control

When going through a divorce in Indiana, both spouses are generally required to provide a full and honest accounting of their assets. This includes not only obvious items like homes, vehicles, and retirement accounts but also purely digital assets such as cryptocurrency.

Many people who hold crypto in cold storage (on a hardware wallet, paper wallet, or another offline method) worry that disclosure means they must hand over the device, private keys, or full control of their funds. That’s not the case.

Dividing assets is one of the most complex and contentious aspects of a divorce. Missteps during this process can have lasting financial consequences. We are hired on many cases every year to try and fix issues in finalized divorces which can cost thousands and thousands of dollars to correctHere are some of the most common mistakes to avoid when dividing assets in an Indiana divorce.

Mistake 1: Overlooking Hidden or Less Obvious Assets

Many people focus on major assets like the home or retirement accounts but forget about:

The family home is often one of the most significant and emotionally charged assets to divide in a divorce. Deciding what to do with it involves both practical and financial considerations. In Indiana, there are several options for handling the family home during a divorce.

 Option 1: One Spouse Buys Out the Other

A common solution is for one spouse to keep the home by “buying out” the other spouse’s equity. This requires:

If you own a business and are facing a divorce in Indiana, one of the most complex and critical aspects will be determining the value of that business. In Indiana, your business is generally considered part of the marital estate, meaning it is subject to division during divorce proceedings.

 Why Your Business is Part of the Marital Estate

 Indiana follows the “one-pot” theory, which includes all property owned by either spouse at the time of filing for divorce, regardless of when or how it was acquired. This means even a business you started before marriage can be considered marital property.

Family law matters—whether it’s a divorce, child custody dispute, or parenting time issue—can feel like an emotional and legal maze. The decisions you make today could shape your family’s future for years to come, which is why finding the right attorney is so critical. If you’re searching for a family law attorney with a free consultation in Indiana, look no further than Harshman Ponist Smith & Rayl, LLC. We offer free initial consultations to help you understand your options and take the first step toward resolution.

Why a Free Consultation Matters in Family Law

Facing a family law issue can be overwhelming, and the last thing you need is added financial stress before you even hire an attorney. A free consultation gives you the chance to:

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