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Work With an Experienced Divorce Lawyer in La Porte Indiana
If you’re navigating a divorce in Indiana, emotions may be running high. Add issues like child custody, spousal support, and property division into the mix, and you may feel like you’re in over your head.
Contact our divorce lawyer in Valparaiso, Indiana, today for legal advice and guidance.
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Grounds for Divorce in Indiana
Each state has unique requirements for divorce. To divorce in Indiana, either you or your spouse must have been a resident of your county of filing for at least three months.
Indiana is a mixed divorce state, which means that one spouse does not need to prove that the other spouse’s actions led to the divorce. You and your spouse can choose to file on no-fault grounds and state that there was an irretrievable breakdown of the marriage.
How to File for Divorce in Indiana
Once you have determined that you meet residency requirements for divorce and have decided, you can begin the divorce process.
Indiana recognizes two types of divorce: “contested” and “uncontested.” In a contested divorce, both parties do not agree on all important matters, including property division, child custody, child support, and spousal support. In an uncontested divorce, both parties agree.
If your divorce is going to be an uncontested divorce, both parties will have to agree on everything. The following is a summary of what is generally needed to finalize an uncontested divorce
- File a Petition for the Dissolution of Marriage.
- Fill out the correct forms with the Indiana court. (basedon whether you do or do not have children).
- Indicate how you will split property and custody.
- File the forms with the court.
- Wait at least 60 days after filing these forms.
- Receive a summary dissolution decree from the court, finalizing your divorce.
If your divorce is a a contested divorce, your process will be more involved. Along with filing the necessary paperwork with the court, you will need to attend at least one court hearing to sort out the disputes in your divorce. (We will discuss these potential disputes below.)
In the hearing, the judge would evaluate both sides of the issue and reach a decision for the divorcing couple. With issues involving children, the judge will reach a decision that considers the best interestsfor the child.
Having an attorney on your side is essential while navigating a contested divorce, and sometimes an uncontested divorce Your spouse will likely retain their own attorney, and you need just as much legal guidance and experience on your side.
Potential Disputes in a Divorce
While uncontested divorces are nice, they aren’t realistic for many divorcing couples. Even attempting to split property and child custody fairly can result in one spouse getting the short end of the stick. In most cases, divorcing couples disagree on one or more issues in the marriage.
Here are some potential disputes that can arise in a contesteddivorce, creating the need for an attorney
Division of Property & Assets
You and your spouse will need to split your property in the divorce. Indiana generally recognizes two types of property:
- Marital property: Any property you or your spouse acquired during the marriage.
- Separate property: Any property one spouse owned before the marriage or acquired through an inheritance or gift during the marriage.
While there is a difference between these two types of property, a judge could split both marital and separate property equally between spouses within a marriage.
If you and your spouse disagree about property division, you risk a judge making a decision for you that does not align with your wishes. Working with a qualified divorce lawyer in Valparaiso, Indiana, is important to protect your property.
Child Custody
If you and your spouse have a shared child, you will need to determine parenting time and child custody as part of your divorce. If you cannot reach an agreement on your own, the court will intervene to structure an arrangement that prioritizes the child’s best interests.
The court will attempt to make an arrangement that is fair for both parentsOur lawyers can help advocate to ensure child custody and parenting time align with your wishes.
Child Support
After the divorce, you or your spouse may owe the other person child support — even if you have a 50/50 custody arrangement. Indiana law requires both parents to contribute financially to the child’s upbringing.
The court will examine the following factors to determine child support:
- Your income
- Your spouse's income
- The amount of time each parent spends with the child
- The child's unique needs
- The amount of money each parent must dedicate to other expenses
- Our attorneys can help make sure that child support is calculated correctly.
Spousal Support
Indiana has limited situations where spousal support may be warranted, mainly involving a situation where one spouse has a major medical condition or some type of disability. Mediation and Arbitration in Divorce Cases
You and your spouse can consider alternate means of reaching agreements in your divorce case before turning to court intervention. Mediation is a method of negotiating a solution with the assistance of a neutral third party. Arbitration is another means of negotiating that allows a professional arbitrator to make a decision for you.
Both of these solutions can save you time and money in your divorce process. At Worthley Law, we offer experienced mediation services to help divorcing couples reach mutually beneficial agreements. We can also walk you through the arbitration process and advise you on the right steps to take to streamline your divorce process.
How an Attorney Can Help You Navigate Divorce
Whether you’re going through a contested divorce or are in total agreement with your spouse, working with a family law attorney is likely good idea. Your attorney can guide you through the divorce process and ensure that you file all of the necessary documents. They can provide legal counsel and protect your best interests.
If your divorce goes to court, your attorney can represent you and communicate with your spouse on your behalf. They can help you fight for child custody, child support, parenting time, advocate for or against spousal support if warranted, and other matters.
At Worthley Law, we’ve helped numerous Valparaiso residents navigate the divorce process. Contact our divorce lawyer in Valparaiso, Indiana, today at 219-575-8565 to schedule your case evaluation.
Common Questions
Frequently Asked Questions
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Indiana has a statute of limitations of two years for car accident cases.
There are a few exceptions to this statute:
- For minors injured in car accidents, the two-year statute of limitations begins on their 18th birthday.
- If the accident led to physical or mental disability, the two-year limit maybegin on the day the legal disability status is removed.
Your first step after becoming a car accident victim in Indiana is to seek medical treatment. If your injuries permit you to take photos and collect evidence at the accident scene, try to do so.
Then, as soon as you are able, contact an experienced attorney for assistance.
Indiana is an at-fault state for car accidents. This means that the person at fault for the accident is technically responsible for paying for the economic damages the other drivers incur.
Indiana uses a comparative fault system, which means that each party’s role in the accident will affect their compensation amount. You must be less than 51% at fault for the accident to claim compensation.
Emotional distress is an example of a non-economic damage you could claim in a car accident case. While you can’t assign a price tag to emotional distress, your Valparaiso car accident injury lawyer can help you determine the amount of compensation to seek for this damage and if you are eligible.
Other examples of non-economic damages include pain and suffering, loss of quality of life, or loss of companionship in a wrongful death case.
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- 259 Indiana Avenue Valparaiso, IN 46383 610
- Monroe Street La Porte, Indiana 46350
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