Divorce is never easy. Even the most amicable of divorces can be emotionally trying and tiring to navigate. From figuring out ways to tell children to managing finances or assets, dealing with friends and family, various challenging steps are involved before you actually get to the matter of dissolving the marriage. The process can seem overwhelming for most people unprepared for the bumpy road ahead.
David R. Phillips is here to simplify the process. From couples with million-dollar estates to spouses with modest means, our divorce attorney provides personalized advice to make the forthcoming steps easier for the entire family. We recommend the best way forward after understanding each client's unique circumstances before representing their interests effectively in mediation, negotiations, and court.
What You Need to Know About Divorce Laws in Indiana
Indiana is a no-fault state, meaning the reasons for the marriage breakdown are irrelevant to the court. A petition for dissolution is commonly filed, which states that the marriage has broken down irretrievably, so it must dissolve. But the irretrievable breakdown is not considered appropriate in certain circumstances. This includes impotence at the time of marriage, a felony or demeanor conviction of either party or incurable insanity that lasts over two years.
The One Pot Theory for Property Division
According to the one pot theory, all debts or assets owned by either spouse jointly or individually after or before the marriage and before the final separation would be divisible. It includes any savings, marital home, retirement accounts, checking, and other family businesses or personal estates.
All marriage assets minus marriage debts equal to what we call the net marital estate. To ensure a reasonable and just property division, the court considers many factors prior to making the final distribution of the net marital estate.
The factors include the extent of the estate acquired through inheritance or gift or prior to marriage and each spouse's contribution to property acquisition. The conduct of parties, the current economic circumstances of each party, and their earning potential are also considered before making a decision. A one-on-one consultation with our divorce attorney can help further elaborate on the laws that apply to your unique circumstances.
Spousal Support
The court awards spousal maintenance on support in certain circumstances, such as when an incapacitated spouse lacks the means to provide for their needs or cannot work because they care for an incapacitated child.
Sometimes the court also grants rehabilitative maintenance. Many factors impact the awarding of rehabilitative maintenance. These generally include the education level of the spouses at the time of filing the petition and at the time of marriage, and whether the spouse couldn't work because they had to take care of the children or house or both. A spouse's individual earning capacity plus the expense and time necessary to enable the maintenance-seeking spouse to find employment is also considered.
Addressing Every Aspect of a Divorce
In Indiana, spouses can file for either an uncontested or contested divorce. The spouses face at least one issue they can't agree on in contested divorces. Child support and custody, alimony, visitation rights, property division, and many other issues arise during marriage dissolution. These matters can be resolved mutually if all parties agree to the resolution. If not, mediation, motions, discovery, and other methods may be necessary before the court hearings.
We will be as diligent as possible while always keeping your family's best interest a priority. We provide one-on-one personalized attention for all clients because we know the emotional toll legal matters can take on the family, especially children.
We fight hard for clients while focusing on the greater good of the family's future. Hesgot a firm grasp of Indiana law and workstirelessly while bringing extensive legal experience and attention to every case.
Discuss Your Situation with Our Divorce Attorney, Serving Clients in Porter, Lake, & LaPorte Counties
We recommend always keeping an inventory of family assets and making copies of the financial records. Then seek a reliable divorce attorney who can walk you through the entire process, from petition filing to negotiation and mediation or litigation if a conflict arises.
Our staff is detail oriented and will provide personalized strategies to resolve conflicts efficiently. Reach out to us at 219-929-7060. We'd be happy to address all your concerns, answer all your questions, and represent you in the case from start to finish.