Even though you know you need and want a divorce, the thought of going through the legal process is daunting, stressful, and filled with all types of emotions. Each case is different, however, and involves many significant details that must be addressed and agreed upon.
The foremost thing to start with is to choose a local Indianapolis divorce legal team that will manage your case professionally, promptly, and with empathy.
Depending on the divorce’s specifics, it usually takes approximately 60 days before the court can finalize your Indiana divorce. As soon as your divorce is filed, however, the court can issue temporary orders, but the actual divorce can’t be legally finalized until sixty days have passed from the date that your divorce was filed.
Sixty days is commonly the minimum amount of time to finalize a divorce, but the complexities and specific details of your divorce can extend that timetable. Many divorces take much longer than sixty days due to the inability of both parties to agree on even seemingly minor details. However, even if your divorce is uncontested, and you have agreed upon all the issues and your spouse, you still must wait sixty (60) days before the Court will issue the decree of dissolution.
If your divorce is uncontested, then, usually, and can be done quickly, you still must meet Indiana’s residency requirement. You or your spouse must have been living in Indiana for at least the six months immediately preceding the filing for your dissolution of marriage.
You must remember that once your dissolution petition is filed, you must wait sixty (60) days before your divorce can be finalized. The Indiana courts consider this a legal “cooling off” period, and it is required by the state and cannot be waived.
Uncontested divorces in any state are commonly rare, though, and in most divorce proceedings, there are numerous issues that you and your spouse cannot initially agree on. Items such as child custody, visitation rights, asset dispersion, and even seemingly minor things like “who keeps your pet?” This is the main reason to discuss your divorce case with a qualified, thorough, empathetic, yet aggressive Indianapolis divorce legal team. They will fight on your behalf and are experts at the negotiations needed to expedite the divorce but still, ensure the majority (if not all) of your wishes are met. This fact cannot be overstated, especially if children or larger estates are involved.
How Does the Indiana Court Approach Child Support and Custody Rights?
The Indiana Supreme Court has set guidelines to calculate the amount of support to be paid by the non-custodial parent. Many factors can affect the amount of support the non-custodial parent may be made to pay. Your lawyer will know these guidelines and the forms needed to deal with them.
“parenting time is just another way to address your visitation rights. Indiana also has parenting time guidelines and expectations. Parenting time may also increase as your child gets older. The guidelines also deal with how you and your ex-spouse should conduct themselves for pick up, drop off, and other parenting time matters.
Indiana has three basic types of custodial arrangements: sole custody, joint custody with one parent having primary child custody, and joint legal and physical custody. So, even though you divorce your spouse, your child is still with you. So, when your divorce is finalized, it’s always best to maintain a cordial or possibly “business-like” arrangement with your ex-spouse to benefit your kids.
In all these matters, the legal experience of your Indianapolis divorce lawyer will be invaluable to you and your child.
What May Happen To Our Property and Debt?
In Indiana, all marital debt and property are usually divided equally between a husband and wife. Also, a “marital asset” includes retirement, pension plans, insurance policies (with any cash value), and most all assets with any value within the estate.
This 50/50 split can be altered, but your alterations must meet the Indiana court’s specific criteria. Let’s say you inherited property from your family and can prove that this property is separate from all your marital assets; then, you may have grounds to alter the 50/50 asset split presumption.
Your knowledgeable divorce lawyer will know all the regulations that may apply and help you to keep what may be rightfully yours alone.
Will “Mediation” Speed Up Or Help In My Divorce Proceedings?
Although some states do, Indiana has no mandatory mediation requirement for divorce cases. However, some plans have been discussed to institute a family mediation plan designed to help resolve specific contested issues in more difficult divorce cases through mediation. Your divorce law team will know how and when to use mediation if problems arise that you, and your spouse, simply can’t resolve. However, your lawyer’s advice during your mediation is always a wise and prudent way of ensuring you know all your legal options to obtain the desired outcome.
I Need To Get a Divorce In Indiana; How Should I Proceed?
First, you must know that Indiana is a “no-fault” divorce state, which means you don’t have to prove either spouse did anything wrong to file for divorce. The spouse who files the divorce acknowledges to the court that their marriage is “irretrievably broken.” There is not anything that the other spouse can do to stop the divorce.
However, divorces can and usually are legally and emotionally complex, and there are myriad issues to discuss and decide on. This is especially true if children are involved or real estate, etc.
It’s mandatory that you consult with an Indianapolis divorce lawyer who will fight for you and guide you through the divorce process concerning your wishes while ensuring you are fully aware of all issues that should be addressed.
If you are going through this process, don’t try to do it alone! Get the legal advice you need to move into your future life with optimism and confidence.