Divorce in Indianapolis

If you have been served with divorce papers, this can be a very stressful time for you.  At the Family Law Offices of “Insert your name” in the City of Indianapolis, our divorce lawyers have positive relationships with clients.  Families are important to us and we understand how devastating a divorce can be for you.  We will guide you through this process in a quick and efficient manner; we will answer all your questions.

Overview

• Indiana State law says that before you file for Petition for Dissolution, you must be a resident in Indiana for 6 months and in the county where you filed for 90 days.

• The Petition asks the Court to provide for support, parenting time, property divisions, attorney's fees, and court costs.  If you were already served by the Sheriff or b Certified Mail, remember to bring a copy of those papers.

• You must wait at least 60 days before the divorce will be granted.  When there is a settlement involved, the waiting period is about 80 days.  If the divorce is contested, it can be as long as one year. 

• There are several routes to take to dissolve this marriage.  We will discuss each one with you, and help you achieve your goals.
  1. A settlement agreement between the spouses (Uncontested divorce).
  2. A professional mediator will hear both sides and mediate a settlement.
  3. A collaborative agreement where each of you work together to reach a fair agreement. This will reduce costs.
  4. Traditional litigation before a judge (Contested divorce).

Grounds for Divorce

• Indiana is a "no-fault" divorce state.
• Unnecessary to prove adultery or cruelty
• The court will accept that the marriage has suffered an irretrievable breakdown with no expectations of reconciliation.
  

Child Custody / Child Support
Previously, Indiana courts usually granted primary physical custody of the children to the mother.  However, courts today will grant custody to the father and the grandparents in some instances.

• Legal Custody
• Both parents have legal custody of their children.
• The right to make major decisions pertaining to your child.  For example:
• Medical
• Religious
• Education

• Physical Custody
• Where your child lives.
• One parent will have primary physical custody.
• Per the Indiana Parenting Time Guidelines, the other parent will have parenting time (visitation).

• Modification to Child Custody
• It is okay to make changes once the divorce is final if:
• there are substantial changes in the situation such as at
• school
• at home or
• relocation
• Indiana courts will consider the best interests of your child in deciding if a change should take place.

• Child Support
• Both parents are required to support their children.
• Indiana gives the non-custodial parent credit for overnights the child has during the year.
• Both parents will contribute to college expenses.

• Modification to Child Support
• Child support can be modified if there is a change in the circumstances.
• If you lose your job or
• Either parent’s income goes up or down

• Enforcement Pertaining to Child Orders
• If your ex-spouse is not abiding by the court orders regarding child custody or child support, you should take him or her to to court to enforce the order.
• If contempt is found, the judge can force your ex-spouse to pay your lawyer's fees.
  

Maintenance or Alimony

• Indiana courts can only provide for maintenance when:
  • The incapacity of a spouse limits the ability to work.
  • A spouse who is the custodian of the child, without sufficient property, and cannot work.
  • Rehabilitative maintenance can be awarded for up to 36 months, giving the spouse time to retrain in order to obtain a job.

• A spouse can obtain income tax advantages by claiming the payments as alimony under certain tax laws.

• A court cannot order alimony.

Property Division

• Whether your divorce is contested or uncontested, it will take time to review all marital assets and debts in order to reach a property settlement.

• Uncontested cases – it is best to work with your spouse to arrive at a fair division of your assets.
• Contested cases - we will negotiate with your spouse’s attorney.

• Indiana is a no-fault state.  Your rights under Indiana law is as follows:

• Assets and Debts
• Marital property will be divided in half.  This includes:
• Home – joint property even if only one name is on the deed
• Vehicles – divided equally as long as it was purchased during the marriage
• Pension plans
• 401K accounts
• and IRA plans
• Any debt incurred by either you or your spouse

• After the final hearing where a settlement has been reached, you and your spouse will receive the final decree which covers child matters (custody, support, and visitation) and property division.

Conclusion
At the Indianapolis Family Law Offices of “Insert your name” we know that you are confused at this time.  We will help you make the right decisions from the beginning.  We will explain your rights and options in clear, understandable language.  You need to move on with your life and we will help you do that!

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