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Divorce in Indiana

Will My Spouse Get Everything?

The presumption, the starting point, in Indiana, is that all assets and all debts brought into the marriage will be split evenly on a 50-50 basis.  However, this is just the starting point.  You may have an argument that you are entitled to more than 50% of the marital assets and/or your spouse should be awarded more than 50% of the debts of the marriage.

My Spouse Will Fight Me for Custody of our Child(ren).  What Will the Court Look at to Determine Custody?

The Court will look at the best interests of child in order to decide custody.  The Indiana Code specifies what the Court can consider, which include:

  1. the age and sex of the child;
  2. the parents' wishes;
  3. the child's wishes, especially if the child is at least fourteen;
  4. the child's interactions with the parents, the siblings and others;
  5. the child's adjustment to home, school and community;
  6. the mental and physical health of all individuals involved;
  7. the stability in the home, income, housing, and child care; and
  8. evidence of a pattern of domestic violence by either parent.

If my spouse gets primary custody how much visitation will the I get?

You and your spouse can reach any agreement that you wish.  If you want to share the kids equally, then you will both need to make that part of your final divorce agreement.  However, if you two are unable to agree to a visitation schedule most courts will order the parties to follow the Indiana Parenting Time Guidelines.  The Indiana Parenting Time Guidelines are Indiana’s rule book, it defines how most facets of visitation occur.  Generally, the non-custodial parent will exercise parenting time every other week-end, and one night during the week.  While parenting time during holidays is split between the parents.  If there are issues of substance abuse, domestic abuse, or something else that Court finds would be harmful to the child, the Court may place restrictions upon the non-custodial parent's parenting time.

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How does a court determine child support?

Indiana has written rules that specify how child support is determined.  These rules are called the Indiana Child Support Guidelines.  Child support is basically a function of each parent’s income, any work related child care expenses, child related medical insurance premiums, and a few other factors to determine child support.  If a parent is not employed, the Court will often compute child support on the assumption that the parent could earn at least a minimum wage.  Usually child support payments are made to the clerk’s office through an income withholding order.

How does a divorce become final?

Your divorce will become in one of two ways.  You and your spouse will reach an agreement of all terms and submit papers to the court, a Settlement Agreement, that detail all terms of your agreement.  The second option is to go before a judge and let the judge decide.

What decisions are made as part of a divorce?

Per a Settlement Agreement or a Judge will:

  • End your marriage.
  • Divide the marital property and debts (usually on a 50-50% basis).
  • Issue custody, visitation and child support orders for children of the marriage.
  • The wife can get her maiden or former name back as part of the divorce.
  • Court Orders for counseling, spousal maintenance, or protective orders can also be issued by the Court.

If my spouse doesn’t like the final Court Order or Settlement Agreement can my spouse take me back to Court?

Generally, if you reached an agreement outside of court the answer is no.  A court order issued following a final hearing may be appealed to the Indiana Court of Appeals, but an appeal would be costly.  Issues relating to child custody, visitation, and child support can be brought back to the court under certain circumstances.

Should I hire a lawyer to file for divorce?

Navigating the court system can be very daunting.  You need someone to help you negotiate the best possible outcome for the property, debts, and possibly children that are involved.  While you may find forms to file your own divorce, it is best to have an attorney help you file a divorce.  If you attempt your divorce on your own, the court will hold you to the same rules as if you were an attorney.

I filed my divorce with the clerk, what happens now?

Once you have filed for divorce your case is assigned to a court, and copies of your filings are sent to your spouse.  If you requested temporary custody, temporary child support, or temporary possession of the marital residence, the court will set the matter(s) for a provisional hearing.  At the provisional hearing you will tell the judge why your request(s) should be granted.  If granted, remember that a provisional order will only be in effect until the final hearing.

Will my spouse get everything?

The presumption, the starting point, in Indiana, is that all assets and all debts brought into the marriage will be split evenly on a 50-50 basis.  However, this is just the starting point.  You may have an argument that you are entitled to more than 50% of the marital assets and/or your spouse should be awarded more than 50% of the debts of the marriage.

My spouse will fight me for custody of our child(ren).  What will the Court look at to determine custody?

The Court will look at the best interests of child in order to decide custody.  The Indiana Code specifies what the Court can consider, which include:

  1. the age and sex of the child;
  2. the parents' wishes;
  3. the child's wishes, especially if the child is at least fourteen;
  4. the child's interactions with the parents, the siblings and others;
  5. the child's adjustment to home, school and community;
  6. the mental and physical health of all individuals involved;
  7. the stability in the home, income, housing, and child care; and
  8. evidence of a pattern of domestic violence by either parent.

If my spouse gets primary custody how much visitation will the I get?

You and your spouse can reach any agreement that you wish.  If you want to share the kids equally, then you will both need to make that part of your final divorce agreement.  However, if you two are unable to agree to a visitation schedule most courts will order the parties to follow the Indiana Parenting Time Guidelines.  The Indiana Parenting Time Guidelines are Indiana’s rule book, it defines how most facets of visitation occur.  Generally, the non-custodial parent will exercise parenting time every other week-end, and one night during the week.  While parenting time during holidays is split between the parents.  If there are issues of substance abuse, domestic abuse, or something else that Court finds would be harmful to the child, the Court may place restrictions upon the non-custodial parent's parenting time.

How does a court determine child support?

Indiana has written rules that specify how child support is determined.  These rules are called the Indiana Child Support Guidelines.  Child support is basically a function of each parent’s income, any work related child care expenses, child related medical insurance premiums, and a few other factors to determine child support.  If a parent is not employed, the Court will often compute child support on the assumption that the parent could earn at least a minimum wage.  Usually child support payments are made to the clerk’s office through an income withholding order.

How does a divorce become final?

Your divorce will become in one of two ways.  You and your spouse will reach an agreement of all terms and submit papers to the court, a Settlement Agreement, that detail all terms of your agreement.  The second option is to go before a judge and let the judge decide.

What decisions are made as part of a divorce?

Per a Settlement Agreement or a Judge will:

  • End your marriage.
  • Divide the marital property and debts (usually on a 50-50% basis).
  • Issue custody, visitation and child support orders for children of the marriage.
  • The wife can get her maiden or former name back as part of the divorce.
  • Court Orders for counseling, spousal maintenance, or protective orders can also be issued by the Court.

If my spouse doesn’t like the final Court Order or Settlement Agreement can my spouse take me back to Court?

Generally, if you reached an agreement outside of court the answer is no.  A court order issued following a final hearing may be appealed to the Indiana Court of Appeals, but an appeal would be costly.  Issues relating to child custody, visitation, and child support can be brought back to the court under certain circumstances.

Should I hire a lawyer to file for divorce?

Navigating the court system can be very daunting.  You need someone to help you negotiate the best possible outcome for the property, debts, and possibly children that are involved.  While you may find forms to file your own divorce, it is best to have an attorney help you file a divorce.  If you attempt your divorce on your own, the court will hold you to the same rules as if you were an attorney.

Child Custody

For many parents, child custody and parenting time problems create a great amount of unease. Basically in Indiana courts will resolve any dispute about child custody and parenting time according to the best interests of the children involved.

Child Support

Child support comes with rights and responsibilities.  Normally the non-custodial parent pays the parent with primary physical custody a monthly amount which is more or less fixed by the Indiana Child Support Guidelines.

Division of Assets

Indiana law creates a presumption that each party to a marriage is entitled to 50% of the marital property. This presumption can vary, but in most cases, each party is awarded 50% of the marital property and 50% of the marital debt.

Testimonials

Whether you are contemplating divorce, or been arrested or injured you are probably scared, unsure what will come next and what to do.  Give me a call. We will sit down, go over your options and work to find a way to move forward. Call me or another attorney. But call someone and get the help you deserve.

- JR Emerson, Attorney

I am here to help. I am not here to judge. For nearly 20 years I have been helping people in difficult situations and I would be happy to speak with you to see how I might be able to help you too.

- Jill Bracken-Emerson, Attorney

 

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About Us

Our office is located on the north side of Indianapolis at 98th Street and Keystone Avenue.

3091 E. 98th Street, Suite 180

Indianapolis, IN 46280

Phone: 1-317-969-8000

Email: Info@CallJR.com

Our Services

Our attorneys represent people in need of assistance with personal injuries, car accidents, divorce, family law and DUI/OVWI matters.  Our clients typically live in counties throughout central Indiana including, Hamilton County, Boone County, Marion County, Hendricks County and Johnson County.  Please contact our office to learn how we can help.

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Copyright © 2017, Emerson Law L.L.C.

The laws governing legal advertising in the state of Indiana require the following statement in any publication of this kind: Advertising Material. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.

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JR Emerson is an attorney who represents men and women in family law matters including divorce, child custody modification, and child support modification in Marion County, Hendricks County, Boone County, Hamilton County, Hancock County, Madison County, Johnson County. Cities in which he practices include: Zionsville, Lebanon, Whitestown, Carmel, West Clay, Westfield, Noblesville, Fishers, Lawrence, Beech Grove, Speedway, Greenwood, Southport, Franklin, Plainfield, Avon and Danville, Indiana.