What To Consider If You're Filing For Divorce In Indiana

After several decades of family law practice, attorney Eric Oden Clark has abundant practical advice, well-honed skills and vital information to offer clients, including the following:

Divorce Is Often Not That Complicated

The legal processes that dissolve a marriage in its legal status are actually quite straightforward. The human element, however, can make things more difficult. When spouses attempt to use legal "clubs" to punish each other, both lose out in most cases. An experienced, levelheaded attorney who fully understands family law can be the voice of reason that keeps your divorce on track without unnecessary delays or deviations.

Indiana Is A No-Fault Divorce State

You do not have to prove that your spouse wronged you, nor does it make sense for your spouse to try to do the same before a family law court. The most common legal grounds for divorce are irreconcilable differences. Marriage counseling, predivorce counseling or private counseling can help you work out emotional aspects of divorce, but legally speaking, you will save time and money if you leave these issues outside the courtroom doors.

The main requirement for getting a divorce in Indiana is for the spouse who is petitioning for divorce to have lived in the state for six months or longer. You should have lived in the county where you file for three months or longer. Talk to a knowledgeable divorce lawyer to clarify issues such as the 60-day cooling off period required before requesting a final hearing.

Property Division Is A Part Of Every Divorce

Some divorces will include spousal maintenance. When there are children, a divorce will include child custody and child support orders.

You, your spouse and one or two attorneys can reach an agreement that will form the basis of your divorce decree. Fighting things out before a judge is almost always harmful to both sides. If you and your husband or wife own real estate together, a plan for property division may include one of the following:

  • An agreement to sell the house in a timely manner and split the proceeds (or liability in the case of an upside down mortgage).
  • An agreement for one spouse to sell his or her share to the other.
  • A tradeoff of reallocating ownership of the property to remain with one spouse entirely in exchange for some other asset, such as leaving the other spouse's retirement funds or a vacation home untouched.

A real estate appraiser and a real estate broker may weigh in to help you arrive at a fair, favorable outcome as you and your soon-to-be ex-husband or wife prepare for asset division.

No Matter How Simple You Think Your Divorce Is, Contact An Attorney Promptly

Eric Oden Clark, Attorney at Law, in Munster, serves Indiana clients throughout the area. He has ample experience and sound guidance to offer as you go through an Indiana divorce. Call 219-972-1969 or send an email to schedule a consultation.