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.
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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.
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