Noblesville Indiana Divorce Lawyers – We represent clients in Hamilton, Boone County, Marion County, Tipton County, Madison County, Hendricks County and the surrounding communities.
We know that the decision to file for divorce is often not easy. As Indiana divorce lawyers, we take the time to fully answer any questions you may have and to keep you well informed throughout the divorce process. We know that you will likely have many questions, including those concerning property division, child custody, and spousal support. We will be with you at every step during your case. We take on the legal burden of the judicial process so that you can focus on moving forward with your life.
For a free initial consultation for your divorce, please call our Indiana divorce lawyers at (317) 773-1974 or, if you prefer, please complete the contact form.
Filing for Divorce, Annulment or Legal Separation in Indiana
To file for divorce in Indiana, one spouse must reside in the state for at least six (6) months prior to filing for divorce or must be stationed in the military within the state. Further, the Petition for Dissolution of Marriage must be filed in the county in which one spouse resides for at least ninety (90) days prior to filing or the county in which one spouse is stationed in the military.
Indiana is a no-fault divorce state. This means the reason(s) for the breakdown in marriage are irrelevant. Most often, the Petition for Dissolution of Marriage will cite to a general irretrievable breakdown of the marriage and ask for dissolution.
A final hearing will not be held until sixty (60) days have passed since the date of filing the petition. However, the parties may avoid a final hearing by reaching an agreement outside the court concerning all aspects of their divorce. In this case, the terms of the agreement will merge with the decree. It is important to note any dissolution of marriage is not final until the court issues a decree.
Division of Assets and Liabilities
When distributing assets and liabilities, Indiana follows what is commonly known as a “one-pot theory.” Essentially, this means all assets and debts owned by either spouse, individually or jointly, before or during the marriage and prior to final separation, are divisible. The presumption is the spouses will split the assets and debts fifty-fifty (50/50), but this presumption may be rebutted in individual cases.
Indiana is not an alimony state. The parties may always agree to spousal maintenance however they may wish. Spousal maintenanceis usually only awarded in very few circumstances, such as if: (a) one spouse is incapacitated, (b) one spouse lacks the financial means to provide for his or her needs and cares for an incapacitated child and cannot work, or (c) the court may order rehabilitative maintenance in a reasonable amount and for a period of time deemed appropriate, but not to exceed three years.
If you are considering divorce but are not yet certain that you want to file for divorce, Indiana allows the filing of a petition for legal separation. In an action for legal separation, the court may grant a decree for a separation of the parties to the marriage for a period not to exceed one (1) year if the court finds that: (1) conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; (2) the marriage should be maintained; and (3) neither party has filed a petition or counter petition for dissolution of marriage under IC 31-15-2. Should you decide you want a divorce, a petition for dissolution of marriage may be subsequently filed, and the court may hold a final dissolution hearing anytime after sixty (60) days from the date of the filing the first petition have passed.
Helping You Through Your Divorce
Much of our firm’s practice is focused on helping and representing clients in separation, divorce, property division, spousal maintenance, and child custody matters. If you need legal assistance for these matters, we would invite you to call us to schedule a free, no-obligation initial consultation so that you can learn more about our firm and how we can help. We provide dedicated, experienced legal advice and counsel in a Christian manner.