Getting divorced is never easy. The emotional toll it will take on you and your family cannot be overstated. Nobody ever plans to get divorced when they get married. It is an unfortunate fact of life that affects many people, and it is important to take the right steps to protect yourself in the event that divorce is in your immediate future. There are many different things you need to realize for your divorce, and an Indianapolis, IN, divorce lawyer can be a great help.
Getting Divorced in Indiana
When you and your spouse have reached the end of your tether and come to the realization that divorce is the only way forward for you, it is vital to your own financial security that you reach out to an experienced divorce lawyer. At the very least, you should consider hearing them out and seeing how they can help you move forward. If you fail to protect certain assets or allow your spouse to control the narrative, you could end up losing more than you might expect.
When you get divorced, you need to consider the impact such a significant life event can have on your finances, your livelihood, and your emotional health. Considering asset division, child custody agreements, alimony, and even visitation rights can be a lot to handle on your own. An experienced divorce lawyer can walk you through the process and help you understand what is ahead for you.
No-Fault Divorce
Indiana is a no-fault divorce state, which essentially means you do not need any significant reason to file for divorce. If you feel that your marriage has run its course and there is nothing that can be done to preserve it, you can simply state that your marriage is irretrievably broken. A no-fault divorce tends to be smoother and even sometimes faster than a fault divorce, as they do not require any evidence of wrongdoing.
Divorce Decree
When a judge issues a divorce decree, it will include many different elements that you and your spouse will need to abide by. If you are able to work out certain agreements together, the judge will consider your requests and terms. Otherwise, the judge will have the final say on the following elements:
- Child custody agreements. When it comes to deciding on child custody, the Indiana court system is required to do what is necessary for the well-being of the child in question. The judge presiding over your divorce will take into consideration the wishes of the parents, the child’s relationship with both parents, both parents’ financial situations, and the wishes of the child if they are old enough to decide for themselves.
- Spousal support. Your divorce decree may also include an order for spousal maintenance. Indiana does not have alimony under state law, but spousal maintenance may be ordered on a temporary or permanent basis, depending on the need. If both spouses agree that spousal maintenance is unnecessary, then a judge may not order it.
- Asset division. For the most part, your judge will consider any agreements you and your spouse have been able to negotiate amongst yourselves. If there is no agreement, the judge will most likely decide on an equal division unless evidence is presented that would sway the judge otherwise. Any property gathered during the marriage is likely to be considered marital property and is eligible for asset division.
FAQs
Q: Who Can File for Divorce in Indiana?
A: In Indiana, any spouse who is dissatisfied with their marriage may file for divorce, provided they meet the residency requirements and file the correct paperwork by the appropriate deadline. To meet the necessary residency requirements, either spouse must be a resident of Indiana for at least six months and a resident of the county for at least three months.
Q: How Is Child Custody Decided in Indiana?
A: The judge presiding over your divorce case will be the one to decide your child custody situation. Even if you and your partner have worked out a custody arrangement on your own without involving the courts, it is ultimately up to the judge to approve your arrangement by taking into consideration a number of important factors. The judge has to consider the well-being of your child above all else, including your own wishes.
Q: Why Doesn’t Indiana Have Alimony?
A: Alimony was abolished in Indiana in 1973 as a result of the Dissolution of Marriage and Bankruptcy Act. Alimony was then replaced by spousal maintenance. The change was made largely to limit the power of the courts to order alimony without both spouses’ consent in the event of divorce. Spousal maintenance is fairly limited to certain situations, such as physical or mental capacity or custody of a mentally impaired child.
Q: How Are Assets Divided in a Divorce in Indiana?
A: Generally, asset division in an Indiana divorce is done through equitable distribution. This means that the marital assets are divided as fairly as possible, and that may not always mean they are divided equally. The court considers many different factors in an effort to make the distribution as equitable as possible. These factors may include the amount each spouse has contributed to the marriage, the economic needs of each spouse, and the length of the marriage.
Contact an Experienced Divorce Lawyer Today
Going through a divorce can be a tumultuous time for you and your family. You may not have had time to prepare yourself for such an event. That’s understandable. Hiring an experienced divorce lawyer to take charge of your case can help you figure out a plan. You are going to want a great deal of legal assistance when the time comes to file.
The legal team at Stange Law Firm in Indianapolis can be there for you during this trying time. We can handle the details of your case, allowing you to focus on grieving the loss of your relationship and prioritizing your children. Adjusting to a new normal is often easier said than done but wholly necessary for closure. Contact us to speak with a valued team member about your case and schedule a consultation.
