When a marriage is unhealthy, it needs to end. Divorce is the legal process through which you can end your marriage. In many ways, divorce can be one of the most difficult legal processes to complete. In addition to being expensive, a divorce is emotionally trying and will impact your relationships with your spouse and children for the rest of your life.
As you work through the divorce process, your lawyer’s job is to be your advocate. He or she is tasked with protecting your rights under Indiana law and promoting your interests in each of the court’s decisions.
To file for divorce in Indiana, an individual must have resided in the state for at least six months. The individual may cite a fault-based reason for the divorce or state that the divorce is due to irreconcilable differences.
In Indiana, a divorcing couple’s marital property is divided according to the doctrine of equitable distribution. Under the doctrine of equitable distribution, the court has the discretion to determine an appropriate breakdown of the couple’s marital assets according to a variety of factors. These factors include:
In every divorce, the couple’s marital assets need to be divided. Marital assets are the assets the couple obtains during their marriage, like joint savings accounts and real estate. The debts the couple accrues during their marriage, like joint credit card debt, are also subject to equitable division by the court.
If one partner chooses to leave the workforce to devote him- or herself to the couple’s household and children or a partner is otherwise unable to support him- or herself, that partner may receive spousal maintenance after the divorce is finalized. The court may award spousal maintenance for a specific period of time or indefinitely.
If the couple has minor children, a child support order and a child custody order are also part of their divorce. The court determines an appropriate custody arrangement based on a set of factors about the child’s needs and the parents’ lifestyles. A child support order is determined according to Indiana’s child support guidelines.
When you know divorce is the right course of action for your marriage, it is time to start working with an experienced divorce lawyer. Your divorce lawyer is your advocate, somebody who will provide legal guidance to help you reach the settlement that is in your best interest. To get started with our team at Tanzillo Stassin & Babcock P.C., contact our office to schedule your free legal consultation.
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