New Albany Divorce Lawyers
Our Divorce Lawyers in Indiana Represent Family and Domestic Law Clients
The prospect of divorce scares just about everyone. Divorce is not something people want to go through, even though it may be necessary. But what makes it so terrifying is the unknown and the unanswered questions that keep you awake at night. Whether you’ve already decided it’s time to file for divorce or you just want the security of knowing your options, our New Albany divorce lawyers are here for you. The New Albany divorce lawyers at Church, Langdon, Lopp, Banet Law can help you.
Consult with us, and we’ll tell you what to expect. We’ll give you the answers you need and then work with you to build the best plan to help you and your family through this tumultuous time. For an initial consultation, call our New Albany divorce lawyers at (812) 725-8226. In your first consultation, we can explain the process, answer your most urgent questions, and begin preparing you for the big decisions which await. And we do it with tact and diplomacy.
Why Choose CLLB Law for Your Divorce?
At CLLB Law, we believe strongly in providing compassionate and professional service to our clients. We know the emotional and financial challenges associated with divorce. We strive to make things run as smoothly as possible and to always work toward helping you achieve the outcomes you want. We want you to leave the day-to-day legal aspects of the divorce proceedings to us, so you can focus on your future.
Attorney Dana Eberle-Peay oversees divorce cases and the Family Law practice area for CLLB Law. Having gone through her own difficult divorce a little more than a decade ago, before becoming a divorce attorney, she focuses on making sure that our clients do not have to go through many of the challenging situations she faced in her divorce. She delivers compassionate care, knowing how difficult divorce can be. However, she also is as honest as possible with our clients, ensuring they know how the divorce proceedings work and what kinds of challenges and successes are possible.
We Develop Strategies Unique to the Facts of Your Divorce Case
Attorney Eberle-Peay has a decade of legal experience in family law and divorce law, and our entire team collectively has several decades of experience in various legal matters. We know what works in divorce negotiations, personal injury cases, and everything in between. However, we know that each case has unique aspects to it, and we always tailor our services to fit your case precisely. Our clients appreciate our level of dedication, and we value all the information we glean from what our clients have to say about us.
No matter what kind of legal services we are providing for our clients, we always approach the case with a long-term focus. Rather than trying to push your case through quickly, so we can generate as many paying clients as possible, we take the time to focus on the best possible outcome for you. We also take a long-term approach to every case we handle, especially in divorce and family law cases. If we try to wrap up your case quickly by giving you a temporary solution in your divorce proceedings, it isn’t going to help you a year from now. We always strive to come up with long-lasting solutions to issues that arise in divorce cases.
Our Compassionate Divorce Attorney Will Guide You Through The Steps Of A Divorce
In a divorce, a lot of decisions need to be made involving family, money, possessions, and living arrangements. Scores of other big and small items must be settled in a relatively short time. Many of these decisions can have long-lasting effects. To protect your interests and quality of life, it is important to choose a divorce lawyer who listens to you, understands your needs, can give you good options, and works alongside you as a team.
How Can Our Divorce Lawyers in Indiana Help You?
The time to retain our services is when you’re seriously thinking about divorce. There are many issues that can be involved in a divorce proceeding, including child custody and support, spousal support, and the division of assets and debts. There can be emotional and social consequences to how a divorce plays out. This all requires thought and planning. That’s where we can help guide you through the process, answer all your questions, and explain your options. Divorce is already stressful enough without having to try to figure out a complicated legal system on your own.
You can also hire our team if you’ve been served with a divorce filing by your spouse. We will work to help you protect your rights and interests. Likewise, you should consider retaining our Indiana divorce attorney before you marry, so you and your future spouse can create a prenuptial agreement that could make a potential future divorce easier and less stressful.
Keys to Hiring New Albany Divorce Lawyers
You should find a divorce lawyer with the experience and knowledge needed to fully protect your rights and interests. You don’t want to hire someone who is only learning on the fly how to be a divorce attorney, which could happen if your divorce is the law firm’s first divorce case. You will be sharing very intimate details of your life with your Indiana divorce attorney, so you also need to find one you are comfortable talking to and can trust. There are many questions to ask, including:
- How many divorce cases have you handled?
- What have you learned while taking these cases?
- How much do you charge for your services?
- Do you specialize in divorce or family law, or do you primarily work in other areas?
- What makes you different from all the other New Albany divorce attorneys that represent clients in divorce cases?
- Why should I trust you to represent me?
Our team will ask you to think about your current situation and the life you would like to have after the divorce. Emotions are running high, but this is a time to calmly think through what you will need in the future. To the best of your ability, set aside some time to take a clear-eyed look at your future. We will ask you about the aspects of your family and financial life that may be impacted by your divorce, so you can make the best decisions. Let our extensive experience work to your benefit.
FAQs: Common Questions for Our New Albany Divorce Lawyers
When we meet with potential new clients regarding divorce representation, we receive a wide range of questions. However, a few questions come up more frequently than others. We’ve listed the most common questions we at CLLB Law receive, so you can gain a feel for how we operate in divorce cases.
What assets and debts could our New Albany divorce lawyers help you receive?
What relationship can my Indiana divorce attorney help me have with the children after a divorce?
Does the court consider professional sacrifices I made for the family?
What should I do before filing for divorce?
How should I tell my spouse I want a divorce?
Can your New Albany divorce lawyers help with alternatives to divorce?
Going through a divorce can be an emotional and stressful experience, and complicated legal matters make it tougher. Don’t try to walk through it alone. The experienced and compassionate team at Church, Langdon, Lopp, Banet Law will stand beside you and be your advocate as you move through this experience. We are aggressive but also caring, knowing that we are fighting for your future well-being and that of your family. If you are looking for representation you can trust, contact us today at (812) 286-2594 for an initial consultation. We are here for you.
Our Indiana Divorce Attorney Will Explain the Divorce Process
Our New Albany divorce lawyers will help you file for a divorce with the clerk of the court’s office in your county. When you schedule an initial consultation with us, we can tell you what to expect with the filing based on your particular circumstances, and we will explain your rights to you. Whether you are ready to file for divorce or you were served with divorce papers, we are ready to help you.
Taking the First Step in the Divorce Process
In Indiana the process starts with the filing of a “petition for dissolution of marriage.” It contains the grounds for the divorce and the relief sought. Relief covers the divorce itself and related issues, such as what happens to the marital house, child custody and visitation rights, who pays for health insurance, and alimony.
The other spouse can file a response that also declares grounds for the divorce and requests relief. If no response is filed or if your spouse can’t be found, the court will enter a judgment for divorce by default. This should result in the petitioning spouse getting whatever he or she sought in the divorce complaint.
Contested and Uncontested Divorces – Negotiation, Mediation, or Litigation
In an uncontested divorce, a couple agrees on all terms and conditions of the divorce. Contested divorces are just the opposite — there are disputes over issues such as custody, finances, or property division. But many couples with differences want to resolve them amicably without a courtroom battle. In such cases, we help with negotiated or mediated settlements. The vast majority of divorces are resolved through negotiation, so you can trust the strong negotiating skills our New Albany divorce attorneys possess.
But then there’s that one-in-four case destined for the courtroom, when there’s so much conflict that only a family court judge can resolve the situation. Experienced trial lawyers on your legal team deliver the support and expertise you need during litigation. Whatever method of dissolution serves your purpose, our Floyd County divorce lawyers protect your parental and spousal rights and work for the most favorable outcome.
Our New Albany Divorce Attorneys Are Family Law Specialists
Family law isn’t always full of fear and angst. There’s another side of the coin. We feel privileged to help with adoptions, to represent mothers in receiving child support, and to work with couples who negotiate mutually agreeable divorce settlements, allowing them to positively move to the next stage of their lives. Divorce, like everything else in life, is what you make of it. The family law aspects we help our clients with include:
- Child support
- Spousal support
- Grandparents’ rights.
Our New Albany Divorce Lawyers Will Guide You Through Each Life-Changing Decision
Once you decide to file for divorce – or once your spouse serves you with divorce papers – you are on the brink of some life-changing decisions and changes. Sometimes, this can be scary and tumultuous. Other times, you and your spouse decide you can no longer live together but are still friends. Either way, you will both have some major decisions to make, especially if you have children and property.
Planning for Your Children’s Future in Your Divorce Process
We can help you make the decisions that are in the best interests of your children. Whether you need joint child custody or whether you believe that sole custody is best for your children, we can help you sort out those and other custody issues. Of course, the best thing for children is to spend as much time as possible with both parents. However, in some cases, such as when a spouse is physically abusive or has substance abuse problems, that is not always advisable. We’ll help you with the best visitation and custody schedules based on your individual situation.
Shared custody can take many forms, depending on the parents’ work schedules. Some people like a 50/50 split, while others prefer the more traditional visitation of every other weekend, a weeknight overnight, and every other holiday.
Don’t play your children against your spouse, known as “parental alienation.” Unless you have genuine, legitimate concerns about your children’s welfare with your spouse, you should approach child custody as the two of you sharing responsibilities and time with them.
Equitable Distribution of Assets and Liabilities in a Divorce
CLLB Law serves clients in both Indiana and Kentucky, although our main location is in Indiana. Indiana and Kentucky are equitable distribution states in terms of divorce. This means that the courts look at several factors when dividing property, including, but not limited to, the amount of property each spouse brought into the marriage, the earning capacity of each spouse, and whether one or both spouses have retirement accounts.
Our divorce lawyers in Indiana can help you come to a fair and reasonable equitable distribution of your assets. Equitable distribution rarely means that each spouse gets half. If both spouses are financially equal – they both make about the same money, neither has an inheritance, and neither receives spousal support — then the division of property typically will be equal. If one spouse makes more than the other, the spouse making less will often get a higher percentage of the assets.
In most cases, if an asset has an attached liability, the spouse that is awarded the asset is also awarded the liability. If you want to keep a specific asset, let your divorce lawyers in Indiana know so that they can try to work that into a fair and equitable distribution schedule.
Our New Albany Divorce Attorneys Can Make the Process Easier After the Divorce, Too
Once a divorce is granted, that’s not necessarily the end of things. As circumstances change, we continue to provide families with follow-up legal help if modification of custody, support, or visitation is needed.
Our team helps clients in many other family law matters, including those wishing to adopt by succeeding through private, agency, or international adoption. Regardless of your needs, we can fashion our boutique of family law services to effectively serve you. You are invited to discuss your family law concerns confidentially during a consultation.
Our New Albany Divorce Lawyers Help With Child Support
You might hear your friends complaining about child support – and that it is too high. State statutes dictate how much child support each parent pays. You can find the Indiana Child Support Guidelines and the Kentucky Child Support Guidelines in the statutes. They both use a formula based on the parents’ income to determine how much each parent pays.
The parent who primarily cares for the children receives most of the support money, although the amount each parent provides in support is based on their income. The guidelines take into account the number of overnights each parent has with the minor children, so if you are a parent that makes more than the other and if you have the children an equal number of nights, the guidelines will take this into consideration so that the division of support is fair.
Count on Our New Albany Divorce Lawyers to Explain Spousal Support
It is possible for one spouse to collect spousal support from a spouse that is better off financially. Neither state has a formula for specifically calculating spousal support.
Indiana Spousal Maintenance and Support
In Indiana, the amount of spousal support is at the discretion of the court. The court looks at several factors, including:
- The physical and mental capacity of each spouse
- The amount of property each spouse owns separately and the amount of marital property
- Whether a minor child has physical or mental incapacities and which spouse has physical custody
- The educational level of each spouse
- Whether either spouse interrupted training, education, or employment to take care of the family
- Each spouse’s future earning capacity
- The expense and time for each spouse to obtain sufficient training or education to find appropriate employment.
Our team will go over your financial situation along with your spouse’s financial status, to determine if either spouse qualifies for spousal maintenance.
Kentucky Spousal Maintenance and Support
Kentucky does not have a statute-mandated formula for determining spousal support. The amount paid by either spouse is at the discretion of the court. Kentucky divorce courts look at several factors for determining support. In addition to the factors Indiana uses, Kentucky also looks at the following factors:
- Whether one spouse is not able to support himself or herself because of his or her current employment
- The standard of living established during the marriage
- The duration of the marriage
- Each spouse’s age, physical condition, and emotional condition
- The ability for the paying spouse to meet his or her own needs along with the needs of the receiving spouse.
We look at each spouse’s financial situation to determine whether either spouse might be entitled to collect spousal support.
Our New Albany Divorce Lawyers Understand Grandparents’ Rights
Over the past decades, a movement advocating grandparents’ rights has gained traction. Today, in many states, grandparents can win visitation and even custody of their grandchildren when circumstances warrant and when it is in the best interests of the child.
But laws governing grandparent rights vary from state to state. Indiana restricts grandparent visitation and requires that a parent be divorced, deceased, or that paternity be established for children born out of wedlock. When both parents are living and married to each other, the court does not hear requests for grandparent visitation. If you are concerned about grandparents’ visitation rights, talk to our New Albany divorce lawyers. We can explain how visitation with grandparents will work in your case. To learn more about how a divorce could affect your grandparents’ rights, call CLLB Law today at (812) 347-4425.
Ask Our Indiana Divorce Attorney How Long Your Divorce Might Take
Our New Albany divorce attorneys cannot guarantee how long your divorce negotiations and proceedings will take, as it depends how many issues you and your spouse are willing to contest. However, during our initial consultation, we may be able to give you an idea how long things will last.
For an uncontested, no-fault divorce, you would need to wait at least 60 days after filing before a judge will finalize the divorce. Temporary orders can be issued when the divorce is filed, but the actual divorce and final orders won’t be done for at least 60 days.
A contested divorce, if it can’t be resolved through negotiations and if it goes through the trial process, along with potential appeals, could take years. Our New Albany divorce lawyers will work as hard as we can to try to make the divorce proceedings go as quickly and smoothly as possible, but we will not sacrifice the outcome you want to see to move things along faster.
Attorney Dana Eberle-Peay
Dana is a native of Southern Indiana and is deeply devoted to Kentuckiana. After spending most of her life in Floyds Knobs, she has also lived in Greenville, New Albany, and Georgetown. Allowing Dana to become familiar with every town of Floyd County. She oversees the Family Law practice area for CLLB, and she firmly believes that helping families is her destiny. [ Attorney Bio ]
Our New Albany Divorce Lawyers Are Strong Negotiators, As Most Divorce Cases Never Go to Court
At least three in four divorces don’t wind up being litigated. We are part of your negotiating team, working under the supervision of the court, to reach agreements on the final details. You benefit from our legal team that can represent your interests on issues like child custody, visitation, child support, and division of assets.
Because of the emotions involved and constant changes in divorce laws, family law cases can be some of the most challenging for any firm. Overwrought parents (and grandparents, aunts, uncles, etc.), angry couples who’ve grown used to fighting, and confused children who are caught in the middle are just a few of the issues our team deals with on a regular basis.
Call CLLB Law Today for a Discussion of Your Situation
Emotions run high during a divorce, not to mention the hurt feelings and uncertainties that the children may experience. That’s why you need calm, level-headed divorce lawyers in Indiana at your side. CLLB Law functions outside the emotional stress and focuses intently on legal issues.
Trust us to show compassion for you and your family while still being matter of fact about the legal issues involved and their consequences. For a consultation about your situation, call our experienced New Albany divorce lawyers today at (812) 725-8226.