Northwest Indiana Divorce Attorney

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.

Grounds for Divorce in Indiana

Each state has unique requirements for divorce. To divorce in Indiana, you or your spouse must have been a county 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 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 the 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 essential matters, including property division, child custody, child support, and spousal support. In an uncontested divorce, both parties agree.

If your divorce is an uncontested one, 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. (Based on 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.

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 contested divorce, 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.

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 agree, the court will intervene to structure an arrangement that prioritizes the child’s best interests.

The court will attempt to make a fair arrangement for both parents. Our lawyers can help advocate for child custody and parenting time arrangements that 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 situations where one spouse has a major medical condition or some type of disability.

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 decide for you.

Both 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 proper 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 a good idea. Your attorney can guide you through the divorce process and assist you in filing all of the necessary documents. They can provide legal counsel and work to 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 divorce. Contact our divorce lawyer in Valparaiso, Indiana, today to schedule your case evaluation.