What you need to know about filing for divorce in Indiana
Divorce is one of the most stressful and emotional life events. In addition to legally ending a relationship, there are many decisions to make such as child custody, parenting time, child support, distribution of property, division of debt, and others.
Indiana No-Fault Divorce
Indiana is a “no-fault” state. This means that neither party needs to show wrong-doing of the other party. The reason for divorce or dissolution can be listed as an irretrievable breakdown of the marriage. In a no-fault situation, the divorcing couple must wait for at least 60 days as a “cooling-off” period once the petition for dissolution of marriage has been filed. After that time, the divorce can be finalized if there are no contested issues.
A dissolution of marriage does not require both spouses to agree to end the marriage. In Indiana, either spouse can file for divorce under the no-fault guidelines.
The state of Indiana does require that at least one party in the divorce be a resident of the state for at least six months prior to filing the petition for divorce.
Name Change After Filing for Divorce in Indiana
A woman can choose to restore her maiden name or previous married name as part of the divorce proceedings. The name change is usually included in the divorce decree at the time of filing. If you are interested in changing the name of any minor children, it will be necessary to obtain the other party’s consent.
Is Court Necessary?
If you and your spouse can agree on issues through mediation and settlement talks you may not need to appear in court. If agreement is not possible, you will need to go to court to litigate your claims. For this reason, it is important for you to consider hiring an Indianapolis divorce attorney who has experience litigating claims in the courtroom. When you go through the process of selecting your legal counsel, you should be sure to ask how much courtroom experience the attorney has.
Do I need an Indianapolis Divorce Attorney?
When a divorce is amicable or if there are not many marital assets, a couple may wonder if it is necessary to hire an attorney. While Indiana does not require that a person hire an attorney in order to obtain a divorce, a divorce lawyer can be invaluable. An experienced family law attorney knows Indiana law and can be a great resource in advising you of your legal rights pertaining to the divorce.
We have helped numerous people with contested child custody and child support issues. We are tough on matters that are important to you and will work hard to ensure you are treated fairly in court and negotiations.
How an Indianapolis Divorce Lawyer Can Help
You can protect your rights by consulting with an Indiana family law divorce attorney who can inform you of your legal options and obligations regarding your personal situation. Each case is unique and you deserve the dedication of a legal professional who is experienced not only in negotiations but also in litigation.
Our lawyers have a depth of experience with Indiana divorce laws. Our Indianapolis family law attorneys litigate cases with the same tenacity and drive as our other practice areas. We take the time to understand your personal situation and use our knowledge of the trial court system and Indiana family case law to fight for your legal rights. Contact us by completing the online form or call our office at 317-636-6481 to discuss your divorce issues.