Divorce Lawyer at Wiesneth Law
The rate of divorce has increased over the years, and some of it has to do with the social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in Indiana any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Wiesneth Law, our divorce attorney knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Contact our office today at 812-234-4300 (Terre Haute) or at 812-422-9400 (Evansville) to schedule a free consultation.
Uncontested and Contested Indiana Divorces
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
Common Grounds for Divorce
In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. There are, however, some divorces where one spouse must or prefer––for strategic reasons––to show fault. However, in Indiana, only no-fault divorces are recognized.
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Some locations that allow divorce on the grounds of irreconcilable differences may require separation for a certain time period.
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Retirement accounts
In Indiana, marital property is split through equitable distribution where assets and debts are divided fairly and equally.
Temporary Spousal Maintenance (Alimony) in Indiana
The purpose of Temporary Spousal Maintenance is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. Decisions about temporary spousal maintenance are made based on many factors, but the more common factors include:
- Health (physical, mental, emotional)
- Potential to earn
- Standard of living during the marriage
- Length of the marriage
- Difference between earning capacities
Child Custody in Indiana
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have parenting time. Courts determine child custody based on what is in the child's best interest.
Child Support in Indiana
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
Contact a Divorce Attorney in Indiana Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from our firm's family law attorney who will advocate for you and your family. We will schedule a free consultation with our attorney so that you can get the answers you need to all your questions regarding divorce and child custody and support. Simply fill out our online contact form or by calling our office at 812-234-4300 (Terre Haute) and 812-422-9400 (Evansville) to set up a consultation today.