When Life Goes Wrong
Indiana is a no-fault divorce state. This means that you do not have to prove that it was anyone’s fault that your marriage is broken. You do not have to sling mud at each other to obtain a dissolution of your marriage. If the marriage is broken, that is enough.
While many couples agree to end their marriages amicably, sometimes things get ugly. Disagreements about children, real estate, businesses, and retirement accounts can complicate the process. While agreements can help control costs and reduce stress, some battles are worth fighting. The right attorney may not only get you a better outcome, but can also help relieve the stress of a difficult time.
What happens to my kids?
The court will issue an order that the judge believes is in the children’s best interest and will usually enter a child support order. Most parents will have continuing obligations to effectively co-parent the child. The noncustodial parent usually receives rights to parenting time unless there is some showing of unfitness. In some counties, you will be required to take parenting classes before a divorce is finalized.
The judge will typically approve reasonable agreements regarding the child. If the parties cannot agree, the court will hold a contested hearing to resolve remaining issues.
Neither parent has a statutory right or preference to obtain primarily physical custody. The court will use a list of statutory factors to determine what is best for the child.
What Happens to My stuff?
The Court starts with the assumption that splitting everything in half is fair regardless of whether it is your name or your spouse’s name. This includes both assets and debts. Both sides will exchange information to make sure that the division of assets is fair.
While this may sound simple, it is complicated in practice and filled with exceptions. Perhaps each party wants the same asset, you cannot agree what something is worth, or one party tries to hide something. A pet may be priceless but have minimal financial “value.” An experienced attorney can help you navigate the process so that you get your fair share.
What if We Agree on Everything?
If you are able to agree, the process is typically faster, less stressful, and less expensive. Agreements can be filed with the court and you may be able to waive all hearings. The judge will review the documentation to make sure it complies with the law and is good for the children. Some agreements, such as waiving child support, may be rejected by the judge. You will still have to wait at least sixty days from filing to finalize the divorce.
Even if you agree on everything, it is still wise to hire an attorney. A divorce lawyer can help make sure the process is properly completed and can help you determine if the proposed agreement is fair to you. Many people regret giving away too much to get an “easy” divorce.
Contact a Putnam County Family Law Attorney Today
Contact Benjamin Waite at Waite Law Office LLC to schedule your free consultation today. Do not enter any agreement without knowing your rights. Call (765) 252-4600 today.