Five things you need to know when filing for divorce in Indiana

1. Never allow your emotions to rule your actions – if your spouse has left and filed for divorce it is time for you to take action. Get an attorney and do what you need to do to protect yourself.

2. Don’t use the same lawyer. Each party should obtain separate counsel and get separate advice. Even if you plan to work things out amicably, one lawyer cannot equally represent conflicting or different interests.

3. Indiana addresses four main issues in Divorce: Property division, Child Custody, Child Visitation and Child Support.

4. Indiana has “no fault” divorce, which means you don’t have to prove either spouse did anything wrong to get a divorce. The spouse who wants a divorce just has to tell the court that the marriage is “irretrievably broken” to get a divorce. There is really nothing the other spouse can do to stop a divorce
5. All assets and property are generally divided up 50/50%. Even if you had significant assets prior to the marriage, the judge will generally view it as marital property and split evenly, unless they have a good reason not to do so or if there was a sound prenuptial agreement in place.

Divorce can be confusing and emotional.  Find a divorce lawyer that you trust to navigate you through the process.  Remember, it doesn’t have to be adversarial.  You can choose to Collaborate or mediate  to resolve your differences.

Click here to learn more about divorce in Indiana.

Remember, these suggestions are not meant to be legal advice. You should consult a family law attorney to discuss the specifics of your situation. 

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