317.873.8396

Divorce

We understand that every divorce is unique.  Therefore, the first steps in the process involve ascertaining the specifics of your situation, addressing your individual concerns and offering solutions to help you attain your goals.  Whether your main concern involves child issues or division of marital property, we have the competence and experience to fight for your best interests.

In order to file a dissolution of marriage (divorce) action in Indiana, at least one of the parties must be an Indiana resident for at least 6 months prior to the filing the preliminary documents.  In most cases, the preliminary documents should be filed in the county where at least one of the parties has resided for at least 3 months.  If the wife is pregnant when the preliminary documents are filed, it is likely that the court will not finalize the divorce until after the birth of the unborn child.

In order to file the preliminary documents, one spouse must represent to the court that the marriage is broken and cannot be fixed.  However, should the couple reconcile during the pendency of the divorce action, it is possible to dismiss prior to the entry of a dissolution decree.  In order to file the preliminary documents, the Clerk requires the filing spouse to pay a filing fee; there may be an exception if the spouse filing for the divorce is indigent.

The Indiana legislature has instituted a “cooling off” period that begins when the preliminary documents are filed.  In most circumstances, the court will not dissolve the  marriage until at least 60 days after the preliminary documents are filed.

During this “provisional period,” either party may petition the court for provisional (temporary) orders to address issues like temporary custody, parenting time, child support, division of monthly expenses and possession of the marital residence.  These provisional orders will remain in effect until the divorce is finalized.

Indiana does not recognize alimony; however, it is possible for one spouse to receive spousal maintenance in certain circumstances.

There is a presumption that all marital property is divided equally upon dissolution of the marriage, regardless of whether the property was owned by one spouse  before the marriage or acquired  during the marriage.  However, it is possible to rebut the presumption of equal division as well as to successfully argue that certain property should not be considered by the court to be marital property.

If you and your spouse are able to resolve all issues by agreement, then it is possible that you will never have to enter the courtroom during your divorce.  However, if all issues cannot be agreed upon, the court will hold hearings and issue orders on the issues that you and your spouse are unable to resolve.