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Category: Divorce

What is a Collaborative Divorce?

For many people, the process of going through a divorce is one of the most difficult times in life, especially when divorcing spouses encounter disputes about child custody, division of assets, and other terms of the separation. Divorce, dividing property, deciding what is best for children, and other family law issues are emotionally charged topics that are life-changing for everyone involved.  Fortunately, much of the stress and drama of a separation can be avoided by going through the process of a collaborative divorce. Collaborative divorce can make the process easier for everyone involved, and a consultation with an experienced family law attorney can help determine if it is right ...

How to File for Divorce in Indiana

Divorce is one of life’s greatest stressors, and the process can often seem confusing and complicated, especially if there are issues such as shared children, homes, and assets involved or grounds for contention. Even if you and your spouse agree on most issues, you need to ensure that everything is done in accordance with Indiana law, including meeting residency requirements, filling out and filing required forms, and dealing with issues and working out any problems that may arise during the process. While it is important to know how to file for divorce, making mistakes in the process can be costly and prevent your divorce from being finalized in a timely manner. That is why it can be ...

What Is Considered an Asset in Divorce?

After a marriage ends, countless questions typically arise. One of the first questions many couples ask our divorce attorneys is, “What exactly are considered assets in a divorce?” In Indiana, any property is considered an asset during a divorce settlement, regardless of how it was obtained. Because Indiana is not classified as a community property state, none of your assets will be considered community property. Divorce usually results in a 50/50 division of assets, but some circumstances can result in an unequal distribution, depending on various contributing factors. What Are Considered Assets in a Divorce Settlement? Joint ownership is established for any and all assets, and in ...

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 ...

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Does It Matter Who Files for Divorce First?

While Indiana is a “no-fault” state, so you do not have to make any allegations against your spouse to file for divorce, it still may matter whether you file for divorce first. Even when both spouses want to divorce, it can be a scary time as you are embarking on a new cha ...