Why Do You Need A Divorce Lawyer In Indiana?
If you are thinking of filing for divorce in Indiana, you will need a lawyer to handle your case. The law in the state can be complicated and there are a number of factors to consider. A professional will be able to guide you through the process, so you can focus on rebuilding your life.
Legal custody
When you’re filing for a divorce in Indiana, you may also have to file for legal custody of your children. Custody is the authority a parent has to make important decisions about a child.
If you’re looking for legal custody in Indiana, you’ll need to consult an attorney. They can guide you through the process and help you understand how the state courts decide.
Indiana’s divorce laws are based on a no-fault system. You don’t need to prove fault in order to receive custody of your children. Instead, you’ll need to show that the custody order is in your child’s best interests. However, this doesn’t mean that the court will automatically award shared physical custody to you.
The court will use the Indiana Parenting Time Guidelines to determine your child’s time with each parent. This is an attempt to provide some guidelines, but it’s always up to the judge to make the final decision.
Typically, parents will share physical custody. But if one of the parents is a risk to the health or wellbeing of the child, family lawyers Arizona can help the court consider giving the other parent.
In cases where a parent is not the primary caregiver, the court will consider the other parent’s parenting time and visitation rights. These can include visits that are every other weekend, or every weeknight.
In terms of property, the Indiana courts seek to distribute property fairly. They’ll divide the marital assets – including any debts or assets you acquired before you got married – in a “just and fair” manner.
The Indiana Supreme Court has set its own guidelines for dividing marital property, but parties are not required to follow these rules. For example, if a parent’s income is significantly higher than that of the other, they can still be awarded sole physical custody.
Indiana’s divorce and child custody laws are constantly being amended. As such, you’ll need to consult an experienced family law attorney if you have questions about custody.
Indiana’s divorce laws are designed to give each parent the ability to make important decisions about their children. This includes the legal custody of the child, as well as the physical custody of the child.
Property division
When you are going through a divorce in Indiana, you should have a legal professional help you with property division. There are two ways to accomplish this. You can try to negotiate it out or go to court to get a judge to make a decision.
If you want to keep your assets separate, you can sign a prenuptial agreement. This type of agreement can be used to assign and pre-classify assets and debts, and it can also address maintenance, custody of minor children, and other matters pertaining to inheritance.
Often, couples will negotiate to come up with their own property division plan. Some couples will use a mediator to facilitate negotiations. Others will hire an attorney to draft their property division proposal. Either way, the court will evaluate the proposal and determine whether it is a fair division.
The best option for splitting your marital estate depends on your financial situation. A knowledgeable Indiana divorce lawyer can give you the guidance you need to divide your property wisely.
While you should consider the tax consequences of your property division, the court may choose to ignore them altogether. However, it is still advisable to list all of your assets in order to ensure that they are fairly divided.
Another thing to consider is whether your property is separated by inheritance or gift. Although your business may be a divisible asset, dividing your inheritance may be more difficult. Fortunately, you can offset its value by acquiring other marital property.
Even though property can be divided in a variety of ways, the courts will always try to follow the law. Therefore, it is important to know your state’s laws. These laws will have a direct impact on the size and distribution of your marital pot.
An experienced Indiana divorce attorney can advise you on the right way to prove that your property is separate from your spouse’s. Once you have done so, you will need to determine the most equitable means of distributing it. Educate yourself on the state’s laws and you will be able to protect your interests during the divorce process.
Alimony
If you are considering a divorce, you may want to consult an Indiana alimony attorney to help you obtain the best possible outcome for your family. The process of a divorce can be difficult, and many couples find themselves in need of financial assistance.
There are several factors that can determine spousal support. This type of support is meant to help your former spouse maintain the same standard of living that he or she had during the marriage.
Traditionally, spousal support was awarded based on factors like the length of the marriage and the educational level of the parties. However, the amount of alimony is now determined by the state’s statute.
Maintenance can be temporary or permanent. Temporary maintenance is generally awarded to spouses who cannot support themselves. Permanent alimony can be awarded to either spouse. A judge in Indiana’s family court will make the decision based on a number of factors.
Alimony may also be awarded to a disabled spouse. If a disabled spouse can prove a need, he or she can be awarded alimony. As a result, the non-requesting spouse will usually fight the award.
When calculating alimony, the courts look at the custodial status of each party, as well as the standard of living that each person can provide. In addition, property settlements are considered.
A court may also decide to award rehabilitative maintenance to a spouse who stays at home to raise children. This can be for up to three years, but the court may determine a shorter time period for requesting that your ex-spouse take education or training to help them get a job.
While alimony was originally conceived to be paid to a spouse who was working full-time to support a family, it is now more commonly given to a lower-income spouse. It can be helpful for the lower-income spouse to receive financial assistance, as they may not feel as competitive in the workforce.
An Indiana alimony attorney can advise you about how spousal support is calculated and can negotiate a spousal maintenance agreement that is fair to both parties.
Requirements for a divorce lawyer
If you are thinking of filing for divorce in Indiana, you must meet certain requirements. One of these is that the spouse who files for a divorce must live in the county where the divorce is filed for at least three months. This prevents the spouse from moving to another state and filing a divorce petition.
During the divorce process, issues related to property ownership may be addressed. The court uses financial information to decide how assets are split. Child support and alimony can also be decided during the divorce.
A divorce lawyer can help you understand how the process works. He can advise you on which type of divorce to file for. An uncontested divorce is often a good option for couples without children.
If you are planning to get a divorce in Indiana, it is best to seek the help of a qualified lawyer. You should first determine if you have grounds for a divorce. Irreconcilable differences are the most common reason for a divorce. However, you should also consider the financial security of each spouse.
Marital property, or assets acquired during the marriage, includes real estate, savings, credit card debt, loans, investments, retirement, and any other property that is owned by either party. It is important that you accurately report your assets to the court. Otherwise, you may face legal consequences.
Before you begin the divorce process, you should contact a local courthouse to obtain the necessary documents. These documents must be served on the other party. Depending on your situation, other documents will be needed as well.
Once you have filed your divorce, the process can proceed to a final hearing. This can be as early as 60 days after you have filed your papers. After the hearing, the final decision is legally binding. In some cases, the decision can be subject to an appeal.
To find out more about the process, you can visit the website of the Indiana courts. You can also ask your attorney for additional information.
Divorce is one of the most stressful life events. A lawyer can guide you through the process and make sure you have the best possible outcome.
