Divorce is one of the most unpleasant procedures, mainly for psychological reasons. Feeling of resentment, injustice, unfulfilled hopes for a happy marriage – at least one side experience all this, and if you add a background for raising children and keeping the property, you can earn not only stress but also health problems. That is why many of those who wish to divorce, hire a lawyer who, in their absence, will solve all family problems.
But we hurry to disappoint those who believe that everything can be decided overnight without the main characters. Ads that are full of offers like “divorce without your participation” do not guarantee a quick resolution of the problem. In a complicated family history, you will need to explain the situation to a lawyer, going into the most unfavorable details of your personal life. In this case, a specialist is deprived of the opportunity to objectively judge the outcome of the case, since he is not familiar with the position of the other spouse.
Often this leads to the fact that the spouses still have to attend the meeting. It should be borne in mind that, trusting entirely to a stranger and ignoring court hearings, you can miss one of the circumstances that suddenly arose in court, on which there was no prior agreement with a lawyer. In this case, the court will hear the opinion of the trustee, not yours.
Considering the above, the participation of a lawyer in a court session on divorce is optional, if you pull yourself together and follow several rules:
1. Try to negotiate with your spouse about the division of property with the help of an individual contract, certified by a notary, before the court hearing about the divorce. If this is not possible, then collect in advance all the available checks for the purchase of expensive things, loan receipts, and other payment documents.
2. Download on the Internet two or three samples of the claim for divorce and division of property, insert your data, requirements, the desired result of consideration of the case and send a letter to the court where you live.
3. If you are the defendant, do not be lazy to write objections in response to the received claim. In this case, the judge will know your position by the time of the meeting.
4. Enjoy the rights provided by the norms of the Family Code of your state.
5. Do not panic if you do not know the whole procedure of divorce, recovery of alimony and division of property. Before the start of the trial, the judge will set a time for the so-called conversation, where you can ask all your questions and clarify the set of evidence to be submitted to the court.
In the case of complete lack of confidence in one’s abilities, absolute ignorance of the laws, one can limit oneself to a lawyer for drafting an application to the court and advice on the stipulated rights of the former spouses, this will be enough. In this case, you will receive specialist support at the initial stage and reduce unnecessary costs of paying the many, and not cheap lawyers for the court. In the future, it will only be necessary to appear at court hearings on the subpoenas and to maintain its conditions, as reflected in the claims of the claim.
You can find more information about getting a divorce without a lawyer in Indiana by following these useful references:
The life of a modern person is fast and intense. Many citizens do not have enough time for rest and entertainment, for family and children. And when it comes to the divorce process, many realize with horror that now they have to spend a lot of time on meetings, discussions, debates, and court sessions.
In such circumstances, it is not surprising that many are interested in the question of whether it is possible to dissolve a marriage in absentia, how a divorce goes through court without the presence of the parties and whether this process can be accelerated.
Don’t forget to read our post: Psychological care after divorce in Indiana
General information about divorce without the presence of parties
Divorce proceedings are not complicated or extraordinary. But for former spouses, they are painful. Especially if one side insists on a divorce, and the other strongly opposes it. Yes, and from a psychological point of view, it is difficult to restrain emotions towards a person who was previously considered the closest.
As a rule, the initiator of the dissolution of marriage does not want to appear in court, as it subconsciously expects objections from the other spouse. At the same time, the defendant ignores the court sessions, thereby expressing his protest against what is happening. Also, citizens often do not have extra time to participate in all meetings and procedures.
The legislation of Indiana state, taking into account such motives, allows for the conduct of the divorce proceedings without the personal attendance of participants. In this case, a lawyer should act on behalf of one or both spouses, who is the official representative and is documented accordingly.
How is the divorce without the presence of the parties
In judicial practice, there are two types of absentee divorce:
- Both sides are ready for divorce and agreed.
- In this case, a petition for divorce without a presence is written, which is submitted to the court. Besides, spouses may apply for non-use of the term for reconciliation.
- One of the spouses does not consent to the divorce.
Divorce is complicated. The claimant submits petitions for non-application of the term for conciliation and consideration of the case without the participation of the applicant. An attracted lawyer who defends the interests of clients helps to bring the summons to the respondent, discusses with the judge the circumstances that hinder the process, controls the operation of divorce.