A Motion for Final Hearing is filed in order to inform the court that 60 days have passed since filing of the petition. In addition, it seeks to request that the court set the matter for final hearing as soon as possible.
Motion for Final Hearing Divorce Indiana Format In the state of Indiana, when a couple decides to dissolve their marriage, they are required to follow a specific procedure. One crucial step in this process is the "Motion for Final Hearing," where either party involved in the divorce can request a final hearing to determine the terms of the divorce settlement. This motion is a formal written request submitted to the court, outlining the party's desire to proceed to the final stage of the divorce. The format of the Motion for Final Hearing in Indiana generally consists of the following sections: 1. Heading: The motion must include a heading containing the names of the parties, the case number, and the court's name. This ensures that the motion is correctly identified and filed in the appropriate court. 2. Introduction: Begin the motion with an introductory paragraph that clearly states the purpose of the document, which is to request a final hearing for the divorce case. 3. Background Information: Provide a brief background summary of the marriage, including the date of the marriage, the date of the separation, and any relevant details about the cause of the divorce. This section should also include the names and ages of any children involved. 4. Statement of Relief Sought: Clearly state the relief sought by the party filing the motion, such as the desired division of property, child custody arrangements, child support, alimony, or any other relevant issues that need to be resolved in the divorce. It is essential to be specific and comprehensive in listing the relief sought to avoid any ambiguity. 5. Legal Basis: Specify the legal grounds upon which the party seeks the divorce, such as irretrievable breakdown of the marriage or other legally recognized grounds. This section aims to establish the legal foundation for the court to proceed with the final hearing. 6. Supporting Arguments: Present arguments or facts supporting the relief sought by presenting evidence or referring to relevant laws, statutes, or legal precedents. It is crucial to provide strong and concise arguments to convince the court that the requested relief is fair and reasonable. 7. Signature and Certificate of Service: The motion must be signed by the filing party or their attorney and should include a certificate of service, which verifies that a copy of the motion has been served to the opposing party or their attorney. This ensures that both parties are aware of the motion and have an opportunity to respond if necessary. Types of Motion for Final Hearing in Indiana: 1. Motion for Final Hearing — Divorce: This is the most common type of motion filed to request a final hearing in a divorce case. 2. Motion for Final Hearing — Child Custody: If the custody of children is a significant issue in the divorce, a separate motion for a final hearing on child custody may be filed to address this specific matter. 3. Motion for Final Hearing — Spousal Support: In cases where one spouse seeks alimony or spousal support, a separate motion may be filed to request a final hearing solely on this issue. It is important to consult with an experienced divorce attorney to ensure that the correct format and necessary details are included in the Motion for Final Hearing in an Indiana divorce. This will increase the chances of a favorable outcome and a smooth finalization of the divorce process.
