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What if a divorcing couple agrees on some issues but not others?

On Behalf of | Oct 20, 2023 | Divorce

When an Indiana couple is getting divorced, the fewer issues that are in dispute, the better. That means that if they can negotiate aspects of the case such as spousal maintenance, property division, child custody, parenting time and child support, it can make for a smoother process, and help them avoid costly and emotionally taxing court appearances.

However, spouses are often unable to agree on all parts of the case. If they can agree on some but not others, there is the option to bifurcate the issues. It is imperative to know what this means and if it is applicable to a person’s specific situation.

How can family law cases be settled in this way?

If the sides can agree on property division, for example, it can be part of a summary dissolution for uncontested issues. Perhaps they have a marital home, investments, automobiles and money in the bank. They can agree on how to split these properties. That can be part of a simplified action in the case through a bifurcated dissolution.

With other parts of the case, they might not be on the same page. Then the court will decide how those unresolved will be handled. If both want custody of a child or there is a gap between their desired parenting time schedule, the court can rule on those issues.

The parties must have a written waiver over the uncontested and contested issues in the case. All must be specified. There needs to be a statement that makes clear what the couple cannot agree about and is requesting the court to settle for them.

These decisions can be beneficial in myriad ways. It can save time and money. In addition, it might reduce conflict and help the sides maintain a decent relationship after the divorce is complete. This is especially important with children involved.