Divorce

Divorce is confusing for children, and your approach can significantly affect their emotional wellbeing. A few best practices include:

• Reassuring them consistently

• Avoiding negative comments about your spouse in front of them

• Keeping routines as stable as possible
  

If you have legitimate concerns about your child’s safety, discuss them immediately with your attorney. Tools such as restraining orders, temporary housing orders, or emergency custody measures may be available.

Indiana follows equitable distribution, which means the court aims for a fair division of marital property, not necessarily a 50/50 split.

Marital property consists of all assets owned by either spouse, and includes:

• Income earned during the marriage

• Homes and real estate

• Vehicles

• Retirement accounts

• Investments

• Businesses started or grown during the marriage

Marital debt must also be divided, including:

• Credit cards

• Loans/Mortgages

• Lines of credit

We’ll help you categorize property correctly, identify what should remain separate, and protect the assets that matter most to you.

Indiana encourages parents to resolve custody cooperatively. When parents cannot agree, mediation may be required, and if mediation fails, the court will decide.

The court considers the best interests of the child, and typically:

• Awards joint legal custody when both parents are fit

• Assigns primary physical custody to one parent

• Establishes parenting time for the non-custodial parent

• Orders child support based on state guidelines

In certain cases, third-party guardians (such as grandparents) may request custody or visitation if it serves the child’s wellbeing.

An uncontested divorce occurs when both spouses agree on all major issues, including:

• Property division

• Child custody & parenting time

• Child support

• Spousal maintenance (if applicable)

This type of divorce avoids courtroom litigation, but it still requires filing a formal settlement agreement with the court. Once finalized, the agreement is enforceable and cannot be changed unless both parties consent or a modification is permitted by the order.

Indiana allows spousal maintenance in limited circumstances, including:

• A spouse has a physical or mental incapacity preventing self-support

• A spouse caring for a child with special needs cannot work

• A spouse needs time to become self-supporting after years out of the workforce

The court can award:

• Incapacity maintenance — based on ongoing medical limitations

• Caregiver maintenance — for parents of children with disabilities

• Rehabilitative maintenance — up to 3 years to allow education or training to resume

We help you determine whether maintenance is appropriate and advocate for a fair arrangement.

Yes, divorce affects nearly every part of your life. An attorney ensures your rights are protected, deadlines are met, and that you don’t unknowingly give up something you’re entitled to.

Divorce attorneys typically work from a retainer and bill hourly. The cost depends on:

• Whether the divorce is contested

• Whether children are involve

• The complexity of assets

• Whether litigation is required

Remember: trying to save money by going without an attorney can cost far more long-term.