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Rodriguez Law Firm, Inc.
  • Home
  • About
    • Mladenka Rodriguez
    • Frank A. Rodriguez
    • Hannah Schuster
    • Areas We Serve
  • Practice Areas
    • Criminal Defense
    • Family Law
    • Traffic Violations, Infractions & CDL Tickets
    • Other Practice Areas
  • Testimonials
  • Blog
  • Contact

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Hire A Local And Experienced Indiana Divorce Lawyer

Going through a divorce is one of the most overwhelming life transitions. We know that you will want an experienced attorney who is responsive to your needs. Our founding attorneys established Rodriguez Law Firm, Inc. in La Porte to be able to provide quality legal services to members of the surrounding community. If you need a northwestern Indiana divorce attorney, you can trust our experienced and responsive attorneys to assist you with your case. Call 219-444-4322 to schedule a consultation.

Table of Contents
  • Getting A Divorce In Indiana
  • The Many Different Aspects Of Divorce
  • Frequently Asked Questions About Divorce
    • How long does a divorce take in Indiana?
    • How is property divided in a divorce in Indiana?
    • Can I get spousal support?
  • Schedule A Free Consultation With An Indiana Divorce Lawyer

Getting A Divorce In Indiana

In the state of Indiana, couples can file for a no-fault divorce based on an irretrievable breakdown of the marriage relationship. Couples can also file for a fault divorce, based on the following grounds:

  • A felony conviction of one party after the couple was married
  • Impotence at the time of marriage
  • Insanity for more than two years that has been deemed incurable

In the event that you and your spouse agree that the marriage is over and if you can agree on how all of the terms of the divorce should be handled, including the division of property and assets, child custody and child support, you can file for an uncontested divorce. You will still have to wait for 60 days after filing your petition. While you and your spouse may agree that the marriage is over and you agree to file for a divorce, you may not agree on how everything should be determined. Every divorce case has a mandatory settlement conference, to encourage the parties to settle as many of their issues as possible.

The Many Different Aspects Of Divorce

Whether your divorce is contested or uncontested, our attorneys can help you with all of the aspects of a divorce. We can represent your best interests and protect your rights during settlement negotiations, mediation, or a trial, including:

  • Property and asset distribution
  • Debt allocation
  • Spousal support or alimony
  • Child custody and parenting time
  • Child support

In the state of Indiana, courts will require an equitable distribution of the couple’s marital property. Any issues relating to children will be determined based on what is in the best interests of the child.

Frequently Asked Questions About Divorce

If you are getting a divorce in Indiana, you may have questions or concerns about the process. Take a look at our questions and answers below, and contact us if you have any additional questions.

How long does a divorce take in Indiana?

A divorce in Indiana has a mandatory waiting period of 60 days before you can get a divorce (Indiana Code § 31‑15‑2‑10). For an uncontested divorce without children, you may be able to resolve the divorce within a few days or weeks.

Other types of divorce take longer. An uncontested divorce with children and contested divorces can take months or more than a year. Each case is unique, and your lawyer can help you estimate the time your divorce may take.

How is property divided in a divorce in Indiana?

Indiana uses equitable distribution to divide property in a divorce. However, unlike many states, all of the assets that each person has on the date of the divorce filing are part of the marital estate and may be divided. This includes gifts, inheritances and premarital assets.

While the state presumes a 50-50 division of property, you may request a different distribution. A divorce attorney can advocate for a larger share of the marital property for reasons such as your financial situation, your contributions to the marriage and whether you have custody of the children. It is best to work with an experienced lawyer who will gather the information and relevant documents to build a strong case.

Can I get spousal support?

You may be able to get spousal support, but it will depend on several factors. Indiana only awards spousal support in limited circumstances, which are:

  • Mental or physical incapacity that prevents a person from working
  • Taking care of a mentally or physically disabled child, which makes working impossible
  • One person does not have the job skills or has not worked for a significant period of time because they were a homemaker and/or took care of the children

In a case of lacking job skills/not working, you only get up to three years of rehabilitative support. Your lawyer will need to demonstrate that you need spousal maintenance. It is not advisable to try to handle these matters on your own.

Schedule A Free Consultation With An Indiana Divorce Lawyer

Our lawyers at Rodriguez Law Firm, Inc. offer an initial consultation for free. To schedule your free appointment, contact our offices by calling us at 219-444-4322 or by sending an email through our contact form.

Related Blog Posts

How to handle debt division in divorce

On Behalf of Rodriguez Law Firm, Inc. | Dec 29, 2025 | Divorce

Dividing debt is one of the most important parts of divorce. How you handle it can affect your financial future. In Indiana, courts follow equitable distribution, which means they divide debts fairly, not always equally. Understanding the types of debt and how the law...

Divorce when you live in Indiana but your spouse is in another state

On Behalf of Rodriguez Law Firm, Inc. | Mar 11, 2025 | Divorce

Filing for divorce is never easy. Yet, when spouses live in different states, the legal process that they must go through to go their separate ways can be particularly complicated. If you live in Indiana but your spouse resides in another state, you may still be able...

2 things to remember during the property division process

On Behalf of Rodriguez Law Firm, Inc. | Feb 26, 2025 | Divorce

One of the more difficult tasks that must be done during a divorce is dividing the marital property. This includes anything that’s not covered by a prenuptial agreement or that isn’t classified as individual property. In many cases, the property division process is...

The continued rise of “gray divorces”

On Behalf of Rodriguez Law Firm, Inc. | Jan 16, 2025 | Divorce

Romantics rejoice as divorce rates fall across the United States. However, the “happily ever after crowd” may be disappointed by the increase in the so-called “gray divorce.” Why are more older couples divorcing, and what unique challenges do they face? What is a gray...

Could you benefit from a divorce registry?

On Behalf of Rodriguez Law Firm, Inc. | Jan 1, 2025 | Divorce

While wedding registries have long been a tradition to help couples start their lives together, the idea of divorce registries have been gaining popularity in recent years, as a way to support those beginning a new chapter after divorce. A divorce registry functions...

How can you stay safe if divorcing an abuser?

On Behalf of Rodriguez Law Firm, Inc. | Oct 24, 2024 | Divorce

If your spouse abuses you, ending the marriage is probably the best way to achieve long-term safety. However, many abusers are also expert manipulators and accompany physical abuse with psychological abuse that can leave their victims scared to leave. Your safety, and...

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Rodriguez Law Firm, Inc.

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La Porte, IN 46350

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