Home Family Law Divorce Lawyer Fishers, IN

Divorce Attorney in Fishers, IN - (317) 434-3136

Are you considering divorce but feeling overwhelmed by all the questions and uncertainties swirling in your mind? You're not alone.

Our divorce lawyers in Fishers, IN can help with:

  • Divorce – Contested and Uncontested Divorce
  • Family Relocation - Moving with Child
  • Child Custody - Joint, Primary, and Sole Custody
  • Child Support
  • Spousal Support
  • Guardianship – A parent's rights to raise children
  • Paternity - Establishing father's rights
  • Parenting Time - Holiday, school breaks, vacations, and weekends
  • Property Division - Retirement, Home, Automobiles, Business
  • Visitation - Rights of siblings and grandparents
  • Name Change - During divorce or anytime
  • Legal Separation - Separate maintenance, post-nuptial agreement
  • Domestic Violence - Abuse of spouse and, Abuse of children
  • Child Abuse - Molestation, torture, and alienation
  • Parental Alienation – Subtle and overt

Making the decision of divorce is never easy, especially when navigating the legal landscape in Fishers, Indiana. We have put together the information below to help you learn more.

How Do I Know if I'm Ready for Divorce?

Deciding to end a marriage is never easy and often comes after much soul-searching. Signs that you might be ready for divorce include persistent unhappiness, lack of communication, irreconcilable differences, or even safety concerns such as domestic violence. It's essential to seek support from trusted friends, family members, or counselors to help you make this important decision.

What are the Grounds for Divorce in Indiana?

In Indiana, you can file for divorce on either fault or no-fault grounds. Indiana Code IC 31-15-2-3 provides that a party can file for divorce due to adultery, felony conviction, impotence, or incurable insanity of either party for a period of at least two (2) years. Most divorces are filed on no-fault grounds and simply require a statement from one spouse that their marriage is irretrievably broken and there is no chance of reconciliation.

Can we Try Counseling or Mediation Before Proceeding with Divorce?

Absolutely. Counseling or mediation can be valuable tools for couples seeking to resolve their differences and potentially salvage their marriage. Many divorcing couples in Fishers explore these options before pursuing legal action.

How Will our Assets and Debts Be Divided in the Divorce?

Marital property, or the marital estate, under Indiana law, includes all assets and debts of the parties, including all assets and debts acquired prior to and during the marriage. Under Indiana Code 31-15-7-5, it's generally assumed that martial property will be split equally between the Husband and Wife. However, if one person can show good reasons why an equal split wouldn't be fair, the court might decide to divide things differently. Here are some reasons why the court might do that:

  • How much each person helped get the property: If one person did more to get the property, even if it didn't make money, that could change how it's divided.
  • When and how the property was acquired: If the property was gotten before the marriage or was a gift or inheritance, that might affect how it's split.
  • Each person's money situation: The court looks at how much money each person has when deciding how to divide the property. They might give the family home to the person taking care of the kids to make sure they have a place to live.
  • How the couple acted during the marriage: If one person wasted or got rid of property during the marriage, that could affect how it's divided.
  • How much money each person makes or could make: The court looks at how much money each person earns or could earn in the future when deciding how to divide things.

What Happens to our Shared Debts in a Divorce?

Shared debts, like shared assets, are subject to division during divorce proceedings. If a debt was incurred during the marriage, that debt may be divided as part of the divorce, regardless of whose name is on the account. It's crucial to address these debts as part of the divorce settlement to avoid future financial complications.

Who Gets Custody of the Children in a Divorce?

Child custody is one of the most emotionally charged aspects of divorce. Indiana courts prioritize the best interests of the child when determining custody arrangements. Parents should work together to craft a parenting plan that addresses custody, visitation, and other important matters related to their children's well-being.

What Factors do Courts Consider in Determining Child Custody?

When determining child custody, Indiana courts consider a number of factors, including each parent's relationship with the child, the child's wishes (if they are old enough to express them), each parent's ability to provide for the child's physical, emotional, and educational needs, as well as any history of domestic violence or substance abuse.

How can we Co-Parent Effectively after Divorce?

Effective co-parenting requires open communication, mutual respect. It requires that each parent put the children's needs first. Creating a detailed parenting plan, maintaining consistency between households, and prioritizing the children's well-being can help divorced parents navigate this new chapter successfully.

Will I Have to Pay or Receive Spousal Support?

Spousal support, also known as alimony, may be awarded in situations where one spouse earns significantly more money than the other or when one spouse sacrificed career opportunities for the sake of the marriage. The amount and duration of spousal support vary depending on the specific circumstances of the case.

What are the Tax Implications of Divorce?

Divorce can have significant tax implications, affecting everything from filing status and deductions to capital gains taxes on the sale of marital assets. It's essential to consult with a tax professional or financial advisor to understand how divorce will impact your tax situation.

Do I Need a Lawyer for my Divorce, and How Do I Find a Good One?

While it's possible to navigate the divorce process without legal representation, having a knowledgeable divorce attorney can provide invaluable guidance and support. When searching for a lawyer, look for an experienced family law attorney, with a record of sucess, and is just someone you feel will have your best interest at heart.

How much will a divorce cost?

The cost of divorce can vary widely depending on factors such as the complexity of the case, the need for expert witnesses or forensic accountants, and whether the divorce is contested or uncontested. It's essential to discuss fees and payment options with your attorney upfront to avoid surprises down the road.

Can We Reach a Settlement Without Going to Court?

Yes, many divorcing couples in Fishers are able to reach a settlement through negotiation, mediation, or collaborative divorce without ever setting foot in a courtroom. This can save time, money, and emotional distress compared to traditional litigation.

What Happens if my Spouse Doesn't Want a Divorce?

If one spouse is unwilling to agree to a divorce, the other spouse can still proceed with filing by citing the appropriate grounds for divorce. However, this can prolong the process and may require court intervention to resolve contested issues.

How do I Protect my Rights and Interests During Divorce Proceedings?

To protect your rights and interests during a divorce, it's essential to educate yourself about your legal rights, gather documentation related to your finances and assets, and work closely with your attorney to develop a strategy that aligns with your goals.

Will I Have to Move Out of our Marital Home During the Divorce?

Whether you need to move out of the marital home during divorce depends on the specific circumstances of your case. In some situations, one spouse may voluntarily leave the home, while in others, the court may issue a temporary order for one spouse to vacate the premises.

What Should I Do with Joint Bank Accounts and Shared Assets?

It's essential to address joint bank accounts and shared assets as part of the divorce settlement. This may involve dividing assets equitably, closing joint accounts, and establishing separate accounts for each spouse.

Can I Change my Name Back to My Maiden Name After Divorce?

Yes, you can typically change your name back to your maiden name as part of the divorce process by including a request for a name change in your divorce petition.

How Will Our Retirement Accounts be Divided in a Divorce?

Retirement accounts, whether earned before or during the marriage are part of the marital estate and subject to division during divorce proceedings. A Qualified Domestic Relations Order (QDRO) may be necessary to divide retirement accounts, such as 401(k)s or pension plans, without incurring tax penalties.

How Long Does it Take to Finalize a Divorce?

The time it takes to finalize a divorce in Fishers, Indiana, varies depending on factors such as court caseload, the complexity of the case, and whether the divorce is contested or uncontested. On average, it can take anywhere from a few months to over a year to complete the divorce process.

How We Can Help

By seeking support from trusted professionals and approaching the process with patience and diligence, you can successfully navigate this challenging life transition and move forward with confidence.

Our Fishers, IN divorce lawyers would be happy to speak with you. Just give us a call at 317-434-3136, to learn how we can help.

We’re Here to Help You!

We are available by phone 24/7 to discuss your case, and we make it a priority to answer all of your questions as soon as possible.

(317) 969-8000

What Our Clients Say

Very professional and knowledgeable, and fighter when needed.”
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JR is a problem solver, he works well with people and is very comfortable in court. My ex and I are decent friends and JR made this a very easy thing for us. I hope you the same! Glad I chose JR, couldn't have imagined this going any smoother than this!”
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