Indiana is a no-fault divorce state, meaning the most common reason for divorce is an irretrievable breakdown of the marriage. Fault-based grounds, like conviction of a felony, may also apply.
Navigating the divorce process is challenging. The future may seem uncertain, and knowing where to turn for sound legal answers and help protect your interests can be challenging. For knowledgeable legal counsel regarding any of the following divorce issues or any family law matter in Indiana, we at Villarrubia & Rosenberger, P.C. can help.
Our divorce lawyers’ diverse backgrounds are helpful in every divorce case. One attorney is trained in collaborative law, and another is a trained and registered mediator. If you retain our services, you can expect a truly customized, client-centered approach to your divorce process.
In addition to property division, divorcing couples may need to look at the question of spousal maintenance or spousal support. In divorce settlement negotiations, issues of property division and spousal maintenance may be used as factors to balance the final outcome. For example, a spouse who might be entitled to spousal maintenance or a share of retirement accounts might choose to accept real estate instead as part of an asset distribution agreement.
There are numerous details regarding division of property that should be addressed in preparation for a divorce. Division of retirement accounts and what to do about a marital home with an “upside-down equity” situation are two other issues that often arise when married couples are approaching the dissolution of marriage. Any spouse contemplating divorce should have access to all information and documents related to assets and debts. We can help you fight to ensure you are receiving a fair and equitable division.
When there are minor children, child custody and child support will also be part of the final divorce decree. Child issues may be modifiable over time as children’s needs and parents’ situations change.
We can advise and assist if you believe your children’s parenting plans or support should be changed, even after the divorce.
Complete our contact form or call our Indianapolis office at 463-207-9900 to set up a consultation with a divorce attorney.
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Indiana is a no-fault divorce state, meaning the most common reason for divorce is an irretrievable breakdown of the marriage. Fault-based grounds, like conviction of a felony, may also apply.
The process takes a minimum of 60 days from the date of filing due to Indiana’s mandatory waiting period.
Indiana follows an “equitable distribution” model, meaning assets and debts are divided fairly but not necessarily equally.
Spousal maintenance can be awarded if one spouse is unable to support themselves, is caring for a disabled child, or cannot work due to physical or mental health conditions.
While it’s not required, having an experienced divorce attorney can protect your rights and facilitate a smooth process.
Indiana law allows you to proceed with a divorce even if your spouse does not agree, as long as proper legal procedures are followed.
If you think your spouse may be hiding assets, consult with your attorney. They can request financial disclosures and may involve forensic accountants if needed.
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