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Category: Divorce

Does It Matter Who Files for Divorce First?

Indiana is a "no-fault" state, which means that you do not have to make any allegations against your spouse to file for divorce. When you file a Petition for Dissolution of Marriage, you only have to state that the marriage is irretrievably broken. Thus, on the surface, it does not matter who files for divorce first. Even when both spouses want to divorce, it can be a scary time as you are embarking on a new chapter of life. And, you have several unknowns ahead of you, such as how long the divorce process takes, whether your spouse will argue over division of property, visitation, and support, and other factors you now have to deal with. Our divorce lawyers can help you through the entire ...

What is a Collaborative Divorce?

For many, the process of going through a divorce is one of the most difficult times in life. Things can be further complicated when divorcing spouses encounter disputes about child custody, division of assets, and other terms of the separation. Fortunately, much of the stress and drama of a separation can be avoided by going through the process of a collaborative divorce. How Does a Collaborative Divorce Work? In Indiana, a collaborative divorce refers to one where both parties work with their own attorneys and meet regularly to reach agreements on various aspects of the separation itself. Ultimately, the goal of a collaborative divorce is to iron out differences and avoid needing to go ...

Should Indiana’s Spousal Maintenance Law Change?

If you’re a spouse who sacrificed a career to care for children and later divorces, you may get spousal support for only three years. If you’re back in the workforce after being absent for years, this isn’t much time to get your income to a level where you can comfortably support yourself. This part of Indiana family law has come under scrutiny and should be changed because of the unfairness it can cause. This type of spousal maintenance (the term “alimony” isn’t used in Indiana law) is known as rehabilitative maintenance. It’s supposed to help “rehabilitate” a spouse whose unpaid job (possibly for decades) was to care for children and a household; it gives a three-year wi ...

Mistakes to Avoid When Getting a Divorce

An Indiana divorce could be a complicated and emotional process, and there are things you can do to make the situation worse. They are completely avoidable. Divorcing couples need to think things through and not respond emotionally, two things that can be difficult for some people. You may be angry, upset and feel the life you planned for yourself is being robbed from you, but it doesn’t justify making these mistakes. DO NOT . . . Use your child as a pawn: “Parental alienation” is an all-too-common problem for divorcing parents. Kids are used as pawns in the divorce battle and directly or indirectly asked to choose sides, which is a no-win situation for a child. Degrading your spous ...

Considerations for Postnuptial and Prenuptial Agreements

An Indiana divorce can drain you of energy, emotion and dollars. Two potential ways to prevent or lessen those losses are prenuptial and postnuptial agreements. They are agreements made between the parties either before (prenuptial) or after (postnuptial) they’re married. These agreements can spell out how various issues (but not child custody or support) will be resolved in case the parties end their marriage. Without one of these agreements, under Indiana law all property brought into a marriage or acquired during it is joined together and will be subject to division in a divorce. Under Kentucky law, property is deemed marital or nonmarital. The division of property starts with a presum ...

Older and Wiser: More Americans 50 and Older are Ending Bad Marriages and Starting New Lives

With age and experience should come wisdom. Sometimes that wisdom results in the decision to end a non-functional Indiana marriage and start a new and better life. The Pew Research Center reports that although divorce is less common for younger adults, “gray divorce” is increasing in the U.S. The divorce rate for those fifty and older has roughly doubled, and for those 65 and older that rate has about tripled, since the 1990’s. The divorce rate is not uniform across age groups. In 2015, 21 adults aged 40 to 49 divorced per 1,000 married persons in that age range, up slightly from 18 in 1990. The divorce rate for those 25 to 39 decreased from 30 persons per 1,000 married persons i ...

How Businesses Are Treated in Divorce Actions

Discussions about divorce often center around two topics: children and property. For many small business owners, the line between those two subjects is blurry and the worries are similar. After all, building a successful business takes a lot of heart, sweat, time, dedication, and patience. When the uncertainty of divorce looms large, it’s common to wonder what will happen to your business. Most notably, how much will you have to share? Is my soon to be ex-spouse entitled to half? And, as with many legal questions, the answer is: it depends. First, it matters exactly when the business began. If it was started before the marriage, then its value at the time of marriage is separate property ...

Do All Assets Have to Pass through Probate?

Some assets pass through probate when an asset holder dies. However, not all assets must be forced into probate. Sometimes a will is not the ideal mechanism for ensuring that your assets are efficiently passed to your loved ones. We outline everything you need to know about the p ...