If you are considering divorce, talking to an Indiana divorce attorney is a smart move. There are many important decisions to make, and the laws that apply to divorce in Indiana can be complex. Addressing these important matters on your own at a time when you may already be mentally and emotionally drained can be difficult at best. An experienced divorce attorney can help you prepare for and understand the process, protect your interests, and get you through the divorce as smoothly as possible.
The Indiana divorce attorneys at McNeelyLaw help clients with a wide range of divorce-related issues. We can advocate for your best interests in matters such as child support, child custody, and property division. We have extensive experience handling family law cases in Indianapolis, Shelbyville, Greenwood, Franklin, and throughout the state of Indiana.
Getting a divorce in Indiana is often an emotionally challenging process. It is essential to understand the divorce laws and requirements to make informed decisions throughout the negotiation and settlement process.
Depending on what county the case is filed in, your divorce might be required to be filed in a specific court, or it might be randomly assigned to a court. In most cases, a person must file for divorce in the county they reside in or the county their spouse resides in. There are also minimum state and county residency requirements that must be met before filing.
Indiana is considered a “no-fault” divorce state. This means that a person doesn’t have to prove any specific bad act or problem with the opposing party to obtain a divorce. While a person could be granted a divorce on the basis of their spouse being convicted of a felony during the marriage, impotence at the time of the marriage, or incurable insanity for a period of at least two years, many people will select the “no-fault” option, and allege that there has been an irretrievable breakdown of the marriage.
Indiana law requires a “cooling off” period for every divorce. The “cooling off” period is the time between when divorce proceedings are initiated and when a divorce can be finalized in Indiana. This period allows couples to take some time to reconsider their divorce before it becomes legally binding. During this period, both parties can continue to live separately or attempt to reconcile. The cooling-off period lasts 60 days from the date the petition for divorce is filed. After 60 days pass, either party can ask the court to grant a divorce. However, many divorces take much longer than 60 days to be finalized. Even if the parties are able to reach an agreement on most or all of the issues that need to be addressed, a divorce can often take longer than six months from start to finish. Additionally, some courts require the parties to participate in mediation before a final hearing can be set.
Divorce in Indiana involves not just the dissolution of a marriage but also the division of marital assets and liabilities, determining child custody and support, and even spousal maintenance in some cases. It is important for divorcing couples to understand their rights and obligations before beginning divorce proceedings.
A divorce attorney can provide invaluable guidance throughout the divorce process in Indiana. Not only can an attorney ensure that the divorce is done properly and legally, but they can also provide emotional support and practical advice. Working with a divorce attorney can help reduce stress and confusion, ensuring the divorce goes as smoothly as possible.
For skilled and knowledgeable guidance and representation in your divorce case, contact our Indiana divorce attorneys at McNeelyLaw. Schedule a consultation with our results-driven attorneys to discuss how we can help you reach your goals and achieve a favorable outcome in your divorce case.
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