DIVORCE LAWYERS INDIANAPOLIS AND MARION COUNTY

It is a sad fact of life that many relationships are not a happily ever after story. When a married couple has reached the end of the road, terminating the relationship from a legal standing is of the utmost importance.

The life of a married couple is intertwined legally and financially in such complicated ways, and if there are children resulting from the union, the emotional stakes and possible outcomes are even more intense. A skilled divorce lawyer understands Indiana divorce law and how complicated and emotionally driven the process can become, which is why every person going through a divorce should seek appropriate legal counsel. Additionally, our law office has extensive experience in handling both family law and criminal defense cases, ensuring comprehensive support for our clients.

We also provide elder law services, focusing on guardianships, estate planning, and long-term care for older adults, addressing the legal needs of individuals during transitional phases in their lives.

Call The Law Office of Deidra N. Haynes today at 463-220-3897 for answers to your divorce questions from an experienced divorce attorney.

DO YOU NEED A DIVORCE LAWYER?

Many couples think they can navigate the ins and outs of a divorce on their own. Even in an amicable or mutual divorce where both parties want the marriage to end, things can quickly change from friendly to heated when matters like child custody or the division of property and assets come up in the conversation. While some couples are able to work through this process during the mediation stage, the majority of people will require trusted legal counsel from a divorce attorney.

The ability to negotiate a simple separation through mediation is usually a result of the couple being on good speaking terms and being child-free with little to no property or assets to divide. Another reason a reliable divorce attorney may be a good idea instead of mediation is if the decision to divorce was one-sided or if there are emotional factors (abuse, infidelity, overall hostility) that could make things turn ugly.

Our family law firm specializes in handling these complex family law matters, providing personal and empathic service to support clients through emotionally challenging legal processes.

THINGS TO KEEP IN MIND BEFORE A DIVORCE: CHILD CUSTODY

When deciding if you need an Indianapolis divorce attorney or not, it is best to consider your situation and what you hope to receive in the divorce. Domestic relations cases, which include divorce and child custody, often involve complex legal processes and forms. Here are a few things to consider:

• Do you have marital property? What are the plans for this property after the divorce? Will you sell it and split the profits? If you are not selling the marital property, is one spouse legally entitled to stay in the house as a result of raising minor children?
• Do you have property outside of the marital property, such as rental properties or vacation homes? Is the property in your name or both of your names? How will you divide property in a fair manner as part of the divorce?
• Are there children involved? Where will the children live as their primary residence? How will you divide visitation or child custody after the divorce? How will you divide financial support for the needs of the children?
• Are there other assets or debts you need to consider in the divorce? Is one spouse entitled to alimony, and if so, how much?

These questions are easier to answer and often require the legal assistance of a divorce lawyer. An experienced divorce attorney will be able to guide you through the legal process of making these decisions so you can find the best outcome for your situation and family.

WHAT ARE THE GROUNDS FOR DIVORCE IN INDIANA?

Some states have at-fault divorce and no-fault divorce. Indiana is a no-fault divorce state. A no-fault divorce occurs when the marriage has simply run its course, and the parties involved are ready to move on without either one being to blame.

An at-fault divorce means one spouse has committed an act, usually infidelity or a crime, that renders the marriage unsavable for the other spouse. The grounds for divorce in Indiana can be either no-fault (irretrievable breakdown of the marriage or irreconcilable differences), or it can be at-fault, where one spouse accuses the other of certain actions.

In Indiana, divorce can either be contested or uncontested. An uncontested divorce occurs when both parties agree on all major issues, such as property division, child custody, and support, making the process smoother and quicker.

Since Indiana is a no-fault divorce state, a spouse can file for divorce simply by stating that the marriage has irretrievably broken down without needing to prove wrongdoing by either party. When the couple agrees on all terms, the divorce is typically finalized without a lengthy court battle.

On the other hand, a contested divorce happens when spouses cannot reach an agreement on one or more issues, requiring the court to intervene. This can be more complicated, time-consuming, and expensive.

In a contested divorce, the parties may need to provide evidence and testimony, especially if one spouse claims fault-based grounds like adultery or cruelty. In such cases, the court will make decisions regarding the division of assets, alimony, child custody, and other family law issues, which may not align with either spouse’s wishes, leading to a more contentious and lengthy legal process.

• Irretrievable Breakdown of the Marriage – When the marriage is beyond repair, and reconciliation is not possible.
• Adultery – One spouse engages in an extramarital affair.
• Cruelty – Physical or emotional abuse towards the spouse.
• Abandonment – One spouse leaves the other without justification.
• Felony Conviction – If a spouse is convicted of a felony and sentenced to imprisonment.
• Substance Abuse – Chronic alcohol or drug addiction that affects the marriage.
• Incurable Insanity – One spouse suffers from a mental illness that significantly impairs their ability to function in the marriage.
• Separation – If the couple has lived apart for at least one year with no reasonable prospect of reconciliation.

CHILD CUSTODY AND SUPPORT

In Indiana, child custody and support are critical aspects of the divorce process. The state’s primary concern is the best interests of the child, and the court will consider various factors when determining custody and support arrangements. These factors include the wishes of the parents, the wishes of the child, the child’s relationship with each parent, and the child’s adjustment to their home, school, and community.

Indiana law requires both parents to provide ongoing financial support to their children. Typically, the noncustodial parent is responsible for a larger financial contribution and makes the child support payments. Child support is calculated based on guidelines that utilize weekly gross income as its basis.

At our law office, our experienced Indianapolis divorce attorneys understand the complexities of child custody and support. We provide compassionate and effective legal representation to ensure that our clients’ rights and interests are protected throughout the divorce process.

SPOUSAL MAINTENANCE AND PROPERTY DISTRIBUTION

In Indiana, spousal maintenance, also known as alimony, is intended to provide financial help for a spouse in need both during and potentially for some time once the divorce is finalized. To receive spousal maintenance in Indiana, parties must meet one of the following conditions: the marriage was of a long duration (10 years or more), the spouse seeking maintenance is unable to support themselves through employment, the spouse seeking maintenance is unable to support themselves due to a disability, or the spouse seeking maintenance is a caregiver for a child or other family member.

Indiana is generally considered to be an “equitable distribution” state. The law requires that a judge start with a presumption that an equal division of a couple’s property is “just and reasonable.” The judge will divide all of the following property that the spouses own: real estate, personal property, vehicles, bank accounts, investments, and retirement accounts.

At our law office, our experienced Indianapolis divorce attorneys understand the complexities of spousal maintenance and property distribution. We provide effective legal counsel to ensure that our clients’ rights and interests are protected during the divorce proceedings.

UNCONTESTED DIVORCE IN INDIANA

An uncontested divorce is a cooperative endeavor where both parties work together to divide their personal and financial lives. In Indiana, an uncontested divorce attorney can help navigate the process and ensure a smooth transition.

The benefits of an uncontested divorce include avoiding courtroom drama, reducing emotional upheaval, easing the divorce process, and fostering a mutually acceptable agreement.

At our law office, our experienced Indianapolis divorce attorneys understand the importance of facilitating a collaborative process and protecting the rights of both parties. We provide effective legal representation to ensure that our clients’ rights and interests are protected throughout the divorce process.

HOW MUCH DOES DIVORCE COST IN INDIANA?

Many people worry about the cost associated with a divorce, especially the added cost of hiring a trusted divorce attorney. The cost of a divorce will depend on several factors. For example, the length of the divorce proceedings can impact how much you pay in lawyer fees. In Marion County, having local knowledge and representation is crucial, as it can affect filing fees, necessary documentation, and the availability of legal consultations.

There is also the matter of alimony and child support, which could end up being costly if you negotiate without the help of a divorce attorney.

The cost of the divorce will mostly depend on how long the negotiation takes and the specifics of your financial standings, both as individuals and as a couple. It is important to remember that the cost of a reliable divorce lawyer is always worth it, especially when negotiating what could be a lifetime payment of alimony after the divorce.

• Type of Divorce (Contested vs. Uncontested) – Uncontested divorces are generally cheaper because both parties agree on terms. Contested divorces, where the parties disagree, can lead to higher costs due to the need for legal intervention and court proceedings.
• Attorney Fees – Hiring a divorce attorney can significantly increase the cost, as they typically charge hourly rates. The complexity of the case can influence the total amount spent on legal representation.
• Court Fees – There are standard filing fees when submitting a divorce petition to the court, which can vary by county.
• Length of the Process – The longer the divorce process takes, the more expensive it becomes. Complex cases with many disputes may extend the timeline.
• Property Division – If the divorce involves the division of significant assets or complex financial matters, such as businesses, real estate, or retirement accounts, it may require expert valuations, driving up costs.
• Child Custody and Support – Disagreements over child custody and support can lead to additional legal and expert fees, especially if a parenting plan or child evaluations are required.
• Mediation and Alternative Dispute Resolution – Using a mediator to help resolve disagreements can reduce costs, as it may avoid a lengthy trial. However, mediator fees still contribute to the overall cost.
• Alimony – If alimony (spousal support) is requested, additional legal and negotiation costs may arise to determine the amount and duration of support.
• Paralegal and Expert Fees – In some cases, you may need to hire paralegals, financial advisors, or child psychologists, all of which can add to the overall expense.
• State-Specific Fees – Certain counties may have higher or lower filing fees or administrative costs that can influence the final divorce cost.
• Retainers and Payment Structure – Attorneys may require retainers upfront, which can affect the total cost of the divorce. The payment structure may also include hourly billing or flat fees for certain services.

HOW LONG WILL MY UNCONTESTED DIVORCE TAKE?

Divorce is a painful process fraught with emotions. Most people want the divorce process over with as fast as possible, so they can move on and start fresh. However, spouses should keep in mind that many states, Indiana included, require a waiting period wherein a divorce cannot be finalized until 60 days from the original date of filing for the divorce.

This does not mean the process of legally divorcing is complete in 60 days. There are divorce negotiations, especially when dealing with child custody, child support, alimony, and division of assets, that take much longer.

Another factor that may make a divorce proceeding drag on is when a couple just wants to fight to the bitter end out of spite. This is where an experienced divorce attorney can make all the difference in how long a divorce takes. It is also worth noting that couples can speed up the divorce process of divorce by resolving as many issues as possible during the mediation stage.

If a couple can work out matters such as child custody and child support in mediation, they can use the Indiana court for the issues that may be harder to settle, like alimony or division of assets. The more a couple can settle in mediation, the shorter the legal case in court for the divorce.

INDIANA PRENUPTIAL AGREEMENTS

Prenuptial agreements, often referred to as “prenups,” are legal contracts entered into by a couple before marriage. These agreements are designed to outline the distribution of assets and liabilities in the event of a divorce or death, providing clarity and protection for both parties.

In Indiana, prenuptial agreements are governed by the Uniform Premarital Agreement Act (UPAA), which sets the standards for enforceability. A valid prenuptial agreement must be in writing and signed by both parties. It should be entered into voluntarily, without any coercion or undue influence, and both parties must fully disclose their financial situations.

The benefits of having a prenuptial agreement include safeguarding personal assets, protecting family inheritances, and defining financial responsibilities during the marriage. It can also help avoid lengthy and costly legal disputes in the event of a divorce, as many potential issues are addressed upfront.

Our Indianapolis law firm has extensive experience in drafting and reviewing prenuptial agreements. We provide personalized legal counsel to ensure that your interests are protected and that the agreement is fair and comprehensive. If you’re considering a prenuptial agreement in Indiana, contact our experienced attorneys for guidance and support.

HOW AN EXPERIENCED DIVORCE LAWYER INDIANAPOLIS NEAR YOU CAN HELP

Indianapolis divorce lawyers are familiar with all aspects of family law. They are equipped to help with child custody, child support, alimony, property and asset division, pre and postnuptial agreements, and more. Find out how our Indianapolis divorce lawyers can help you during your divorce by contacting our Indianapolis law firm at 463-220-3897.