When your marriage is no longer what it used to be, and you’re ready to move on with your life, you may be prepared to file for divorce. Unfortunately, in cases where your spouse is doing everything they can to make your life difficult, you could find that the divorce process is stalled or even halted because of your spouse.
Thankfully, your spouse can’t effectively hold you hostage in a marriage that you’re unhappy in. Continue reading to learn more about what options you have in Indiana when you’re ready to divorce but your spouse isn’t.
Request a Preliminary Hearing
In an uncontested divorce, when your spouse is willing to negotiate the terms of your settlement and live your lives separately, a divorce can still take a minimum of sixty days from the date you filed. This happens after you’ve spent the previous six months legally separated. But, when your spouse is refusing to give you a divorce, the process can take considerably longer.
If you’ve been fighting to get your spouse to move forward with the divorce process, and they’re showing no signs of cooperation, your best option might be to request a preliminary hearing with a judge.
During this hearing, the judge will make some important decisions for you, such as the following:
- Determining which spouse will remain in the home
- Ordering who will be responsible for paying certain bills
- Implementing an interim parenting plan and child support order, if you have children
- Determining which property the spouse that’s moving out will be able to take with them.
This hearing can at least start the process when your spouse is making it difficult to proceed. Your preliminary hearing will order your spouse to adhere to the guidelines and rules that the judge has set. In the event that your spouse still refuses to comply with the court order, you and your lawyer have the option to file a motion for contempt with the Indiana divorce court.
Working Through Your Divorce Settlement
Hopefully, when the judge sets an order, your spouse will begin to see that working with you is the best thing for both of you and any children you might have together.
During these next few months, your Indiana divorce lawyer will attempt to resolve the terms of your divorce settlement, including the division of your property and assets, whether one spouse will receive alimony, and a child custody plan and visitation schedule.
If we are able to successfully resolve these issues, your lawyer can then have them made binding in court, and your divorce will be finalized sooner. If not, you’ll need to wait for your court date in which the judge will make these decisions on your behalf.
Although getting a divorce when your spouse doesn’t want one can make the entire process longer and more costly, you will eventually be able to secure the divorce you need to move forward with your life.
Get Help from an Indiana Divorce Lawyer
Your soon-to-be former spouse might be making your life difficult now, but with the assistance of a highly trained Indiana divorce lawyer at Rowdy G. Williams Law Firm on your side, you may be able to expedite the finalization of your divorce.
If you’re interested in discussing the details of your case in greater detail, you can give our office a call at 1-812-232-7400 or complete the quick contact form below to schedule your initial consultation today.