Indiana Contested Divorce

If the parties do not agree on the terms of the divorce, child custody, child support, payment of joint debt, division of assets, etc., there are a number of legal steps that must be taken. Rather than present an over-lawyered discussion of contested divorce in Indiana, the firm would like to present the following outline of the contested divorce process and effects.

If you need help with an Indiana Contested Divorce, use the form to the right to contact us now!

Petition for Divorce

The legal process begins with one party filing a petition for divorce in Indiana or the state where the parties resided during the marriage. Once the divorce petition has been filed with the court, it must be served on the other party, who will be given an opportunity to file an answer to the petition. Once the initial filings have been made, hearings may be held to temporarily resolve issues such as maintenance and child custody and visitation for the interim period between the filings and the trial or settlement.

Property Division

Divorce has significant financial consequences and it will dramatically change your financial situation. Because a divorce results in splitting a family's assets and debts, you should prepare yourself for potentially having decreased resources. To minimize the negative financial effects of divorce, you should seek the advice of a skilled family law attorney to protect your financial interests and assets, and you should strategically plan ahead for the future.

Property division is a very important aspect in the dissolution of marriage. Illinois is an equitable distribution state, which means that marital property is divided equitably between the parties, which might not mean that the property distribution is equal for each party. The marital property to be divided is all property acquired by either spouse after the marriage and before a judgment of dissolution. The equitable division of the marital property is based upon numerous factors, including: the value of the property assigned to each spouse; the length of the marriage; the economic circumstances of each spouse; antenuptial agreements; and the parties' ages, health, occupations, employment opportunities, incomes, estates, and liabilities. Non-marital property, which is not subject to equitable distribution, includes: gifts, property acquired before the marriage, and property acquired after a legal separation. A court may also award a spouse a temporary or permanent maintenance award after consideration of numerous factors, including: the income of the parties, antenuptial agreements, the needs of the parties, the earning capabilities of the parties, the parties' ages and health, the length of the marriage, and the parties' standard of living during the marriage.

Children

Divorce has significant effects on children. Due care should be taken to protect children and provide them with any necessary and counseling and assistance they may need to cope with divorce. Child custody disputes are often an integral part of divorce. When determining child custody, the paramount consideration of the court is the best interests of the child. Joint custody may be awarded if the court determines that it is in the best interests of the child. In determining custody, the court considers numerous factors, including the wishes of the parents and the child, sibling relationships, the mental and physical health of the parents and child, the child's adjustment to his home and school, and the willingness of the parents to foster a relationship between the child and the other parent. A court may order either parent, usually the non-custodial or non-residential parent, to pay child support. Child support in Indiana is determined based upon a formula that utilizes a percentage of the parent's income. The percentage of income required to be allocated for child support increases with the number of children being supported. Check out our Indiana child custody page.

Emotional Well-being

Stress management is important to your emotional well-being during the divorce process. Once a divorce is finalized, men often experience an increased responsibility of financially supporting two households. On the other hand, women may be faced with many significant challenges that arise from being on your own after a significant period of time, including a decreased personal budget, entering or re-entering the workforce, and child care issues. Numerous divorce support groups exist - be sure to utilize all available resources to help manage divorce-related stress.

If you need help with an Indiana Contested Divorce, use the form to the right to contact us now!

• Indianapolis Child Custody Attorney
• Indiana Contested Divorce
• Indiana Uncontested Divorce
• Indiana Child Custody
• Indiana Adoption Attorney
• Prenuptial Agreements
• Division of assets
• Allocation of debts
• Alimony