Indianapolis Divorce Attorney
Let Bowen & Associates, LLC Protect Your Interests in Divorce
A strong and healthy marriage is a beautiful thing... when it works. When it doesn't, a broken marriage can be devastating on multiple levels to all parties involved. Nobody who gets married ever expects to divorce—but when the marriage becomes unbearable, divorce may be the best solution for the spouses, their children, and others.
Are you are contemplating filing for divorce? Have you learned that your spouse wants to divorce? If so, it is critical to retain counsel early in the process to work toward protecting your physical, emotional, and financial well-being.
Contact Bowen & Associates, LLC, where our Indianapolis divorce attorneys have more than a decade of experience helping people with every aspect of the divorce process.
Divorce Basics in Indiana
Grounds for Divorce
In previous eras, it was necessary for anyone who wanted to file for divorce to first be able to prove that he or she had grounds to do so. Now, Indiana is a no-fault divorce state, meaning that it is possible to file for divorce without having to demonstrate that either spouse is responsible for the failure of the marriage. Instead, you can file for divorce on the grounds of the irretrievable breakdown of the marriage.
It is also possible to file based on the fact that your spouse has been convicted of a felony; that he or she has been impotent since the time of the marriage; or that he or she has suffered from incurable insanity for at least two years.
Filing for Divorce
When you are ready to move forward with your divorce, you will have to go about the action in one of two ways: uncontested divorce or contested divorce.
In uncontested divorce cases, you and your spouse work together to negotiate a settlement agreement out of court, making arrangements for issues including:
In contested divorce cases, you will need to go to court and engage in litigation against your spouse, making arguments and introducing evidence with the goal of persuading the judge to rule in your favor. In either scenario, our Indianapolis divorce attorney can work tirelessly to safeguard your best interests and achieve the outcome you deserve.
Once the divorce is filed, temporary orders may be issued until the divorce is finalized after 60 days have elapsed. Temporary orders may help maintain the standard of living of an ex-spouse, child, or children. Once the 60-day waiting period has elapsed, a final hearing will be scheduled based on the court’s schedule and any issues in your unique matter.
The Divorce Process in Indiana
Unless you and your spouse have already worked out the terms of your divorce prior to filing, or you believe you and your spouse will not encounter too many bumps in the road, the divorce process can take as much as one year or as little as six months. It is highly advisable that you retain a lawyer who can be compassionate towards your personal feelings, but also knows what how to handle the legal and business aspects.
Divorce can be a complex area of law. Here is an outline of the step-by-step process:
- One spouse files the petition for divorce. In Indiana, divorces can only be granted if there are valid grounds. Here is one example: the marriage is irretrievably broken, which means there is no chance of reconciliation.
- One spouse serves the other spouse with the divorce papers. The spouse then has 60 days to file a response.
- Both spouses must submit to mandatory disclosure of all assets, properties, and other possessions.
- Both spouses will then have the chance to seek relief by filing for temporary alimony, child support, child custody, or visitation.
- A judge may wish couples to resolve their divorce matters in mediation. This allows you and your spouse the ability to resolve matters with a neutral mediator present. All matters can be resolved amicably, and are kept out of court and confidential.
- If there are any remaining issues that cannot be resolved through mediation, the case will then go to trial. You must provide evidence during the trial demonstrating why you should expect to receive alimony, custody, or child support based on your terms.
Indiana Divorce FAQ
Frequently Asked Questions About Divorce
Family law matters, especially divorce, are not only stressful, but they can consume your time, energy, and finances. No doubt you will have many questions about what the process will be like, what it will entail, and what will be needed from you. We hope that we can address some of those concerns, and offer you some peace of mind from a legal standpoint.
- How long does a divorce take?
After filing, the courts may still issue other orders, but the divorce cannot be finalized until 60 days have passed. Keep in mind that, depending on your personal situation and the issues in your particular divorce, it may take longer.
- How are child custody and child support handled?
This is up to the courts to decide what is in “the best interests” of the child. Many factors will go into the overall decision, such as the wishes of each spouse and the child, you and your spouse’s respective incomes, and your overall health. Issues such as a history abuse or domestic violence could also play a significant part in how the case unveils.
- How much will child support cost me?
This is another issue that we cannot put an exact dollar sign on, either. The courts will work with you to figure out a monthly payment plan. The plan will be based on how much income your make, how much the child’s costs are, and other elements that factor into the financial support of the child. If you are currently unemployed, you may be expected to contribute at least enough that would equate to the salary of a part-time employee.
- Am I responsible for my spouse’s debts?
You are only responsible for the debt that you have signed off on, which encompasses personal debts, such as credit cards and loans. However, any debt that you have signed jointly with your spouse will leave you legally responsible for the payment of that debt. In other words, if your spouse racked up the debt during your marriage and before your separation. Conversely, if your spouse has debts that he or she accumulated prior to your marriage, you would not be on the hook for those. You can discuss this matter in further detail with our lawyer.
- Why should I hire a divorce lawyer? Can’t I represent myself?
Without a doubt, Indiana state laws concerning divorce and family law are incredibly complicated. Even some inexperienced attorneys shy away from handling some of the more complex cases because they are not confident in their abilities. However, rest assured that the Indianapolis divorce lawyers at Bowen & Associates, LLC are behind you every step of the way. We want you to feel confident about these matters because we know these are tough times ahead.
We look at every facet of your case, from top to bottom, to secure an outcome that is ideal for your personal needs and for the overall good of your family. If ever you are unsure or hesitant, feel free to give us a call! We offer free case consultations so that you can learn more about what our services can do for you.
Call our Indianapolis divorce lawyers at (317) 565-221 or fill out an online case evaluation form. A member of our team will reach out to you promptly.
Educate Yourself About Divorce Before Proceeding
Our experience tells us that the more you know and understand about the law, the better prepared you are to make wise, informed decisions about how to proceed with your case.
Below are some links that may prove useful to you:
- Mediation / Alternative Dispute Resolution (ADR) – If you want to know about trial alternatives, then this provides an accurate picture of the advantages and disadvantages
- Indiana Parenting Time Guidelines – If you want to learn more about child visitation, then this is a thorough guide.
- Child Support Information – Get a detailed look at child support with statutory information
- Indiana Child Support Calculator – An easy-to-use program that will allow you to begin the process of determining a child support obligation
- Protective Orders – Information on getting a protection order in Indiana
Get Your Case Reviewed for Free!
At Bowen & Associates, LLC, our Indianapolis divorce lawyer can handle any type of divorce that you may be experiencing:
We also offer free case evaluations so that you can meet with an attorney from our team and get answers to all of your questions. With more than a decade of legal experience, we have a proven track record of success in helping our clients find the smoothest and most effective path to divorce. Call us now at (317) 565-2221 to schedule an appointment with our Indianapolis divorce lawyer to get started on your case!
There are numerous factors that go into a divorce in Indiana. Before filing, speak with our Indianapolis divorce attorneys at Bowen & Associates, LLC. Contact us online or call (317) 565-2221 today.