Divorce is often highly emotional and stressful for everyone involved. Divorce can threaten your life savings and even your relationship with your kids. Navigating Indiana’s complex divorce laws may require professional insight and guidance. You need an attorney that will stand by your side and fight for your rights every step of the way. Aaron is an Anderson Divorce Lawyer who handles divorces cases for clients throughout central Indiana and is ready to fight for you.Divorce in Indiana
Indiana defines divorce as the “dissolution of marriage.” Indiana is a no-fault state, which means that you can petition the court for a divorce for any reason. For an Indiana court to have “jurisdiction” over your divorce case, one spouse must have resided in the state for at least 6 months and in the county of filing for at least 3 months.Filing for Divorce
A divorce petition may be filed in domestic relations court in the county where the filing party resides.What if my Spouse Does not Want a Divorce?
Even if your spouse does not agree to a divorce, you can still file for divorce in Indiana. Under Indiana law, all that is required in your petition is your statement that the marriage has suffered an “irretrievable breakdown.” All this means is that you cannot fix the problems in your marriage, and in Indiana, this is a sufficient reason for divorce.Summary Dissolution Decree
The court may summarily issue a dissolution decree if the filing party can produce verified pleadings signed by both parties containing (1) a written waiver of the final hearing; and (2) a no-contest statement or written settlement agreement. If both parties are on the same page, summary dissolution agreements can be a fast and cost-effective way to fast track your divorce. Still, even if you and your soon-to-be ex-spouse are in agreement, you may need an attorney to ensure that all of the requirements are properly followed.Division of Property
Indiana is an “equitable division state.” This means that, in a divorce action, the court will divide the property of both parties in a “fair and reasonable” manner. Usually, equitable division entails a 50/50 split of all martial property. Equitable division applies to all property—whether owned by either spouse prior to marriage or acquired during the marriage. While courts have a strong presumption for equitable division in divorce actions, courts may deviate from the 50/50 rule by considering the following factors: (1) each spouse’s contribution to the total acquisition of property; (2) the amount of property acquired by each spouse before marriage; (3) the amount of property acquired by each spouse through gift or inheritance; (4) the overall earning ability of each party; and (5) any potential tax consequences that may result through property disposition.Is Divorce the Only Option?
If you and your spouse feel that the marriage should be maintained, divorce may not be the best option. Indiana allows citizens to file a “decree for legal separation,” which may be entered when the circumstances of the marriage make it impossible for both parties to live together.Call Aaron Today!
A looming divorce may leave you feeling desperate and without a voice. You need an attorney that will stand by your side through every stage of your case. Call or text Anderson Divorce Attorney, Aaron today and he will return your call within minutes.