Greenwood Divorce Attorney

Sometimes, divorce is inevitable. You might have tried marital counseling, legal separation, and individual therapy to change your behaviors but, despite these efforts, found that you and your spouse simply are not compatible. This is not a personal failure – people, even those who were once deeply in love, can grow in different directions. 

If divorce is in your future, it’s time to consult with a knowledgeable Greenwood divorce attorney. No matter how peaceful or toxic your separation will be, having reliable legal advice can make the process easier.

Components of a Divorce Settlement

In every Indiana divorce, certain issues must be addressed. These include:

Property Division – The couple’s marital assets are divided according to the doctrine of equitable distribution. This means that the court uses a set of factors to determine an appropriate way to divide the assets rather than simply splitting the marital estate in half. Factors considered include: 

• The length of the marriage
• Each partner’s age and health
• Each partner’s income and other assets
• The tax burden of each asset

Spousal Maintenance – If one partner will be at a significant financial disadvantage after the divorce, that partner can seek spousal maintenance, also referred to as alimony or spousal support. Spousal maintenance is not awarded in every divorce, and it is typically only awarded for a fixed period of time. If you believe spousal maintenance may be awarded in your case, seeking the guidance of an experienced Greenwood divorce attorney is essential.

Parental Rights and Responsibilities – For couples with children, child support and parenting plans are also part of the divorce process. When developing a parenting plan, the court considers a set of “best interest” factors to determine the ideal scenario for the couple’s child after their divorce. These factors include (but are not limited to): 

• Each parent’s income
• The child’s personal needs, including academic and medical needs
• Any history of abuse, violence, or substance abuse in either parent’s household
• The child’s relationship with each parent and the other members of each parent’s household
• If the child is mature enough, their preference may be considered

Child support is money paid from one parent to the other to help with the costs of raising their child. This is determined using a formula that incorporates each parent’s income and their time with the child. How income is categorized for child support purposes can be complicated, but a Greenwood divorce attorney can help you understand how these laws will apply to your situation.

Divorce Requirements in Indiana

To file for divorce in Indiana, at least one spouse must reside in the state for at least six months and reside in the county where the divorce is being filed for a minimum of three months. Individuals are no longer required to cite a reason (or fault) for divorce when filing. In fact, nearly all Indiana divorces are now “no-fault” divorces filed based on an “irretrievable breakdown” of the marriage.

Work with an Experienced Greenwood Divorce Attorney

It is in your best interest to have an experienced Greenwood divorce lawyer represent your case through the divorce process. Your lawyer is your advocate and your guide as you navigate the steps of your divorce. Schedule your initial consultation with McNeelyLaw today to learn more about what you can expect from the Indiana divorce process.