5 Things to Know Before Your Preliminary Divorce Hearing

Going through a divorce can be overwhelming, especially when you’re not sure what to expect from the legal process. One of the first steps is often a preliminary hearing for divorce—a key moment where important temporary decisions are made. Whether you’re initiating the divorce or responding to one, it’s essential to understand what this hearing involves and how to prepare.

Here are five things every person should know before stepping into a preliminary divorce hearing in Indiana.

1. It Sets the Tone for the Rest of the Case

A preliminary hearing isn’t the final decision in your divorce, but it’s incredibly important. This hearing often addresses temporary orders—issues like:

• Who stays in the family home
• Temporary custody and parenting time arrangements
• Child support or spousal maintenance
• How bills and debts are paid while the divorce is pending

Judges make these decisions to maintain order while the full case is pending. But keep in mind: the outcome of this hearing can influence how future rulings are shaped.

2. You Don’t Have to Navigate It Alone

While it’s technically possible to attend a preliminary hearing without a lawyer, it’s not recommended. These early decisions can impact your finances, your children, and your living situation.

An experienced Indiana family law attorney can:

• Help you understand what the judge will consider
• Prepare you to speak or testify if needed
• Advocate for your best interests and keep things focused on what matters most

If you’re unsure about your rights or what to request, legal guidance makes a major difference.

3. Preparation is Key

Walking into a preliminary hearing for divorce without preparation is never a good idea. The court may request or require documents such as:

• Proof of income (pay stubs, tax returns)
• Monthly expenses or bills
• Proposed parenting schedules
• Communication records between you and your spouse

Your attorney can help you assemble and organize what’s needed—and make sure nothing critical is overlooked.

Also, be mentally prepared. The hearing may be brief, but it can be emotional. Practice staying calm, even if things get tense.

4. What You Say Can—and Will—Be Considered

This is a formal court hearing. Anything you say may be noted by the judge, especially if it reflects your attitude, willingness to co-parent, or respect for the process.

Some tips:

• Avoid blaming or attacking your spouse
• Keep your focus on the children, not past relationship problems
• Speak clearly and respectfully if asked a question

Even at this early stage, your behavior and communication can influence how the court perceives you.

5. Temporary Orders Are Still Legally Binding

The orders issued during a preliminary hearing are temporary, but they are enforceable. This means you’re required to follow them until new orders are issued or the divorce is finalized.

If you disagree with the outcome, don’t ignore it—speak with your attorney about options to request modifications or clarify the terms.

Violating a temporary order (for example, not paying support or refusing parenting time) can seriously hurt your credibility and legal standing as the case progresses.

Final Thoughts

Your preliminary hearing for divorce is more than just a formality—it’s the legal starting point that shapes many aspects of the months ahead. With preparation, professionalism, and the right legal support, you can walk in with confidence and protect what matters most.

If you have questions about your upcoming hearing or need experienced representation, our Indiana family law team is here to help.

FAQ: Preliminary Divorce Hearings in Indiana

Is a preliminary hearing required in every divorce?

Not always, but they are common when temporary orders are needed for issues like custody, support, or housing.

How long does a preliminary divorce hearing last?

Most are brief—usually under an hour—but preparation beforehand can take longer depending on the complexity of your case.

Can I bring witnesses or evidence to a preliminary hearing?

In some cases, yes. Your attorney can advise whether it’s appropriate or helpful based on the court’s expectations.

Do both spouses have to attend the preliminary hearing?

Typically, yes. Failing to appear can result in unfavorable temporary orders for the absent party.

Can the preliminary hearing outcome affect the final divorce?

Yes. While the orders are temporary, judges often consider how those arrangements worked when making final decisions.