Wednesday, April 18, 2012

How Long Will My Case Take?

One of the most common questions we receive is, “How long will my case take?”  The minimum amount of time as set forth by Indiana statute is sixty days.  In situations where the parties agree on all matters, it is feasible to resolve the case within that time period. 

However, in cases where there are substantial disagreements between the parties, and particularly in matters involving disputes as to custody and parenting time, it can take longer to resolve a case.  The length of time needed to resolve the matter is subject to a variety of factors:
1.      Discovery.  If discovery (investigation) is required, that process can take two to three months to complete.  Once that is completed, your attorney will need to review the results, evaluate whether any information is still needed, and determine how to proceed from that point. 

2.      Custody Evaluation.  In cases involving custody disputes, the court may order (or the parties may agree) that a custody evaluation be completed.  It can take thirty to sixty days to complete the interviews and testing associated with such an evaluation, and additional time to receive the written report.

3.      Court’s Docket.  Some courts have schedules that are very busy.  What this means to your case is that your final hearing may be scheduled three to six months out, and in some cases even longer.

4.      Opposing Party.  It is not uncommon for one spouse to be less than enthusiastic about proceeding with the divorce.  This can result in delay tactics such as failing to respond to discovery, or generally being slow to communicate with their attorney. 
5.      Your counsel.  It is important that you have an attorney that responds to communication in a timely manner, moves your case forward in accordance with applicable deadlines, and takes all necessary steps to resolve your case as efficiently as possible.

If you are considering a divorce or currently face a divorce, it is a good idea to discuss your situation with a Hollingsworth & Zivitz, PC family law attorney. Hollingsworth & Zivitz, PC serves clients in the greater Indianapolis area including Carmel, Fishers, Westfield, Noblesville, and Hamilton County, as well as Zionsville, Avon, Brownsburg, and the counties surrounding Marion County.

To discuss your divorce or family law issue with a Hollingsworth & Zivitz, PC attorney, call 317.DIVORCE or click here to contact us online.

No comments:

Post a Comment