Stages of a Family Law Case

Deciding whether to file for divorce, paternity, guardianship, adoption, or order of protection is a difficult decision and one that only you can make.

Many courts require both parties to share information before a trial, especially in family law cases. This might include financial information for a divorce, income information for child support purposes, or copies of exhibits depending on the type of case and the judge

Almost every family law case is resolved in one of three ways:

1) Negotiation, where the parties write an agreement, sign it, and give it to the judge to approve. You can find many do-it-yourself forms on Indiana Legal Help, such as:

2) Mediation, where a neutral third person sits down with the parties, helps them come to an agreement they can both live with, drafts the agreement, the parties sign it, and give it to the judge to approve. Once approved, this agreement becomes the official order in the family law case.

Mediation can be very good in family law because it lets parties shape their agreements based on their unique needs and situations, which the parties know best. Mediators are good at helping people find common ground even where it’s hard and can often help solve some or all issues. Sometimes a judge may order mediation, on their own or when a party files a motion to ask for mediation. While parties are expected to mediate in good faith, there’s no obligation to agree. The parties don’t have to be in the same room for mediation unless both want to be. In some counties, mediation can be more affordable because of a sliding fee scale. These counties include Monroe, Hendricks, and Vigo counties; or

3) Litigation, where the parties come to the courtroom with copies of their exhibits, their witnesses, and make their cases to the judge, who decides what will happen to their children, assets, and debts.

See the Divorce Overview page for more information.

Whether the parties reached an agreement that the judge approved, or the judge issued an order, the parties now have to do all the things in the order. It is best to go through the order line by line, and write down any deadlines. This might include transferring assets, updating child support withholding, exchanging personal property, etc.