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Division of Property

Division of assets and debts is a fundamental step in the divorce process and may be the most important aspect of your divorce.  We recognize that property distribution may be a source of contention and we will work to ensure that your marital property is properly identified, accurately valued and justly distributed.

Under Indiana law, the court presumes that an equal division of marital property is just and reasonable, absent a valid prenuptial agreement.  However, the presumption of equal division may be rebutted in certain situations by asking the court to consider:

  • The contribution of each spouse to the acquisition of the marital estate, regardless of whether the contribution was income producing
  • The extent to which the property was acquired prior to the marriage
  • The extent to which the property was acquired by inheritance or gift
  • The economic circumstances of each party when division of the property is to become effective
  • The desirability of awarding the marital residence, or the right to remain in the marital residence, to the party having custody of the minor children
  • The conduct of the parties during the marriage regarding disposition or dissipation of the marital property
  • The earnings and/or earning ability of both parties once the divorce is final

If you believe that you meet the criteria for an unequal division of property, or if you simply need assistance with identifying, valuing and dividing your marital property, contact us to schedule a consultation.  We have extensive experience in the division of marital estates of all sizes and those that are comprised of unique types of assets.  We understand the nuances of complex financial structures, small and/or closely held businesses and all types of retirement and pension plans.

We have a team of trusted advisors to assist with the identification and valuation of your property during your dissolution as well as advisors to help you determine the best way manage your assets and debts upon final dissolution.  Our firm is well aware that a solid financial future upon dissolution is critical, and we will assist you in undertaking the actions to financially protect yourself, your family and your property.

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