Milwaukee, WI asked in Divorce for Indiana

Q: With a Decree of Dissolution of Marriage and Settlement Agreeement in IN, should there always be a settlement agreement?

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1 Lawyer Answer
Timothy Coe
Timothy Coe
Answered
  • Westfield, IN
  • Licensed in Indiana

A: There doesn't have to be a settlement agreement, but if the parties are amenable to an agreement then you don't have to waste time in the courtroom (which will cost everyone extra money in attorney's fees). I for one always try to get the parties to agree so there is no contested issues that need to be fought over.

The parties should realize that there is going to be visitation, which is called "parenting time" in IN. And unless the circumstances are extremely unusual there will be some child support paid, most likely by the non-custodial parent if there are children. It is also extremely unlikely that there will be spousal maintenance (or alimony), and the property division is usually a 50/50 split of marital assets unless there is an agreement to the contrary.

Best of luck!

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