Divorce in Indiana
You may be struggling in your marriage and considering divorce. You are not alone. Marital problems are challenging and the thought of a divorce can be a scary consideration. We help create certainty for people going through a divorce by providing them with a plan, educating them about the process, and helping them avoid unnecessary litigation.
Obtaining a Divorce in Indiana
Navigating the complexities of divorce proceedings in Indiana can be both emotionally and legally challenging. Whether you're contemplating a separation, in the midst of the process, or seeking guidance on post-divorce matters, you deserve reliable support and expert legal counsel tailored to your situation. At Vining Legal, we understand the sensitive nature of these proceedings and are committed to providing compassionate guidance and strategic advocacy to help you navigate this transition with confidence. Our team is here to empower you with knowledge and assist you in making informed decisions about your future."
As you are setting out to gather information, the best course of action to take is to research your options. Divorce proceedings take a lot of time and effort, so taking the time up front to thoroughly consider how you'd like to go about things can be very helpful in making the whole process go more smoothly. At Vining Legal we can help you identify what issues you need to work out so that you can see options are the best for you and your family. We can also help you if a divorce proceeding has already been filed so that you know what steps you need to take next.
Guide to Indiana Divorce
What is the Cost of a Divorce?
Divorce is never easy, but it can be made less painful. With the right legal help and guidance you might not only make your divorce process more bearable, but also position yourself as best as possible. The total costs vary depending on whether or not you have children but an uncontested divorce is far more affordable than an uncontested divorce. A traditional divorce can also be more cost effective if your representation is based on flat fees.
Uncontested Divorce - $1500-2500+
Lowering your divorce costs by as much as 50%
Avoiding a protracted and expensive legal battle
Having peace of mind knowing you can control the process
Giving both parties more ownership over their future
Traditional Divorce - $5000+
Peace of mind knowing the cost of your legal service
Ability to have fees split into affordable payment plan
Be able to call or email your attorney and not be worried about spending 50 dollars for a text or ten minute call.
The Indiana Divorce Divorce Process
Step 1 - Prepare
Just like in an uncontested divorce, the first step is to prepare and consider if a divorce is right for you. In this kind of divorce it can still be valuable to download our free guide and see what you and your spouses are able to work out. And at a minimum you need to start organizing your thoughts around the divorce process so that you know what needs to happen next.
Step 2 - File Divorce
Just like in an uncontested divorce, the second step is to draft the divorce petition and accompanying paperwork and then file those documents with the Court. You also need to serve your spouse with those documents.
Step 3 - Preliminary Hearing
The third step in a contested divorce is a preliminary or provisional hearing. This is typically a one hour hearing where the court will issue temporary orders with regards to possession fo property, payment of bills, and child related issues. The parties are also expected to disclose financial data related to their property and debts at this time.
Step 4 - Discovery
Once the preliminary hearing is completed, the fourth step is discovery where evidence is gathered to present your case. Discovery is not conducted in an uncontested divorce as the parties are able to disclose information about assets and debts in an informal manner and work out issues through agreement.
Step 5 - Mediation
Most Courts will require that you attend mediation prior to a final hearing in your case. Mediation is where the parties meet with a third party that will go between the two parties and see if an agreement on any issues can be reached. It is important to know that you will be in a separate room from the other party and the mediator will go between the rooms to learn about your family and offer solutions to contested issues.
Step 6 - Final Hearing
The last step in a divorce case is the final hearing. This is typically a half to full day hearing where the judge will hear evidence as to your case and make a final determination on what will happen with property, custody, child support, and parenting time. This is where you have an opportunity to present multiple witnesses on your behalf as well as evidence to support your case.
Ready to Get Started?
We are ready to help out with your divorce today.
Indiana Divorce Representation
Our goal is to help you navigate through the divorce process with a well-crafted plan tailored to your unique situation. By offering comprehensive education about the process, we empower you to make informed decisions and avoid unnecessary litigation. Through open communication and negotiation, we work with you to resolve contested issues while at the same time preparing for litigation, if necessary.
When it comes to divorce, thorough research and understanding your options can significantly impact the outcome. We take the time to listen to your needs, identify the key issues, and guide you towards the divorce option that best suits you and your family. Whether you are just starting the filing process or seeking representation in an ongoing divorce proceeding, Vining Legal is dedicated to providing you with the support and expertise you deserve.
Take the first step towards a smoother divorce journey by reaching out to us today. Let us be your trusted partners in creating a brighter future for you and your family. Your peace of mind is our priority, and we are here to guide you every step of the way.
FAQs
How do I get started?
Send an email to nathan@nathanvining.com to let us know you’d like to get started with the divorce process, and we will send you everything you need to get started! You an also schedule a call through the link at the bottom of the page.
How are property and debts divided?
Indiana is a “one pot” state where the Courts divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse but the court needs to justify its deviation from a 50-50% split. An example of this would be when one spouse is disabled or if the parties have different income earning abilities and educations.
Does it matter where I live?
We practice throughout the State of Indiana and can help you no matter where you are. The process we follow is the same no matter where you live.
How long does the process take?
The timeline can vary depending on whether or not you are able to quickly settle your issues. The time can also increase if your divorce is contested. A good estimate would be 60-90 days for an uncontested divorce and 6-12 months for a traditional divorce.
How is Child Custody Decided?
Child custody and child support issues are often some of the most emotional and contested matters in a divorce. If this is legal issue contested, the court will look to determine what is in the best interests of the children when deciding who gets legal custody and physical custody. This often involves considerations such as the child’s adjustment to your home, performance in school, your involvement in doctors appointments, and many other factors. The court will also determine child support which is done through using the Indiana Child Support Guidelines and Calculator which helps determine who pays support and how much should be paid. These matters are also often addressed early in a divorce case during a provisional hearing where the court makes temporary orders that are in place during the duration of the divorce case.
Call or Text for a Consultation.
You may have questions for us and we will have questions for you. Our goal is to understand your whole story so that we can give you the answers you’re looking for. Through a consultation with our firm you will receive information about what laws impact your situation, what you can be proactively doing to make a difference in your case, as well as what you can expect through the court process. You can call or text us now at (317) 279-5668 to talk to an attorney. You can also schedule a meeting at a time that works for you.
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