Getting a divorce in Indiana can be either contested or uncontested. People sometimes make the mistake of thinking that this means the divorce itself is in question, as if one spouse is contesting whether or not the divorce will even proceed. But what this actually means is that the terms themselves are being contested.
For example, when parents get divorced, they have to divide custody of their children. In an uncontested divorce, the parents would simply agree on how to split up both physical and legal custody, and they may even come up with a custody plan that they present to the court for approval. In a contested divorce, however, one parent may be asking for sole custody, and the other is contesting that decision because they also want to be involved.
It can also apply to assets
It is not just about child custody issues, but also about marital property division and splitting up shared assets.
In an uncontested divorce, couples may agree about what qualifies as a separate or marital asset, or they may even have a prenuptial agreement in place that already makes these decisions for them. In a contested divorce, they may disagree about how assets should be split up, what percentage should go to each person, or how complex assets – like family heirlooms or an inheritance – should be addressed.
One of the biggest differences between these cases is how long they take. A court ruling is needed in a contested divorce, so it often takes longer. Those who are going through the process need to be well aware of their legal options.
