Indiana Law

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:

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:

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:

The Implications of Having Cold-Storage Cryptocurrency During a Divorce in Indiana

Published on: September 22, 2025 | by Aaron Harshman

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?

How to Disclose Cryptocurrency Assets in Divorce Without Giving Away Access

Published on: September 19, 2025 | by Aaron Harshman

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.

Supporting Independence While Protecting a Ward: Finding the Balance

Published on: September 17, 2025 | by Aaron Harshman

Introduction

Serving as a guardian means stepping into a role of trust and responsibility. You’re tasked with making critical and important decisions for someone who cannot fully manage on their own. At the same time, the law, a court (and basic human dignity) require guardians to preserve as much independence for the ward as possible. Striking that balance isn’t always easy, but it’s essential to conducting an effective guardianship.

The Legal Standard: “Least Restrictive Alternative”