Indiana Divorce – Provisional Orders

In Indiana, after a petition for dissolution of marriage is filed the court will typically hold a provisional hearing.  A provisional hearing is a hearing to set temporary orders.  A provisional hearing is authorized under Indiana Code 31-15-4,  where either party can ask the court to make temporary determinations as to maintenance, child support, possession of property, counseling, and protective orders.   A typical provisional order will cover issues, such as,  who stays in the house/apartment, who gets what car, custody/visitation for children, child support, and who pays which debts.  Under 31-15-4-16, the court is supposed to have a provisional hearing within 21 days after a request is made for a provisional hearing.  Despite this requirement, some counties follow their own rules and you’ll need to consult an attorney about the local practice.

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