Experienced Indianapolis Divorce Lawyer With a Reputation for Results
If you are considering or going through a divorce, hiring an experienced Indianapolis divorce lawyer can help protect your legal rights and ensure that your interests are represented throughout the proceedings.
Divorce is rarely simple, from either an emotional or a legal standpoint. Even if you initiated the divorce, it can be difficult to envision what your future will be like after. Fear of the unknown and a contentious relationship with your spouse can make it very stressful. Fortunately, it can be made easier.
Having a solid divorce attorney on your side who you can trust to protect your interests both now and in the future is invaluable. At Cross Glazier Reed Burroughs, PC, we are strong advocates for our clients. Our legal team is composed of seasoned litigators who are respected for their skills in the courtroom. Not every issue needs to be litigated, but there is great peace of mind in knowing your attorney is up to the task.
We represent clients in the Indianapolis area and northern suburbs such as Carmel, Fishers, Zionsville, Westfield and Noblesville. Our divorce lawyers are able to thoroughly and skillfully represent you at each step in your divorce, ensuring that you have the answers and information you need to make informed decisions for yourself and your future.
Contested vs. Uncontested Divorce
Divorces occur for many reasons and while some couples are able to get through the process amicably and with very little conflict, for others, that is just not possible. We understand that every situation is unique and we will tailor our strategy to best fit your individual needs.
In an uncontested divorce, both parties are on board with the dissolution of their marriage. There are certainly advantages to both parties working cooperatively in reaching a divorce settlement. The collaborative process means avoiding a costly court battle. Terms can be decided either independently or with the help of a skilled negotiator. The parties retain great control over the issues when it comes to deciding things like parenting time, spousal support and the division of assets.
When there are issues that both sides simply cannot agree on, the matter often ends up going to trial as a contested divorce. That is why you need an experienced and skilled litigator on your side. A judge will listen to both sides and decide on an equitable solution. While the outcome is out of the parties’ hands, participating in the court process does mean that each person will have to divulge all of their financial documents, which can prevent assets from being hidden.
Indiana Divorce Laws
Indiana follows a “no-fault” divorce system, meaning you do not need to prove wrongdoing by either party to file for divorce. The primary grounds for divorce are an irretrievable breakdown of the marriage, which simplifies the process of initiating it. This approach simplifies the divorce process and reduces potential conflict during legal proceedings.
However, for you to succeed, it would be best to have legal knowledge of how the state’s legal requirements work. The residency requirements mandate that at least one spouse must have lived in the state for six months and in the county where the divorce is filed for three months before submitting a petition.
Regarding property division, the Hoosier State courts divide marital property based on the principle of equitable distribution. This means assets and debts are divided fairly but not necessarily equally. Factors considered include the length of the marriage, contributions by each spouse to marital property and each party’s financial circumstances. Additionally, judges will assess hidden assets, especially in high net worth cases.
Child custody and support decisions prioritize the child’s best interests, considering factors such as age, the parents’ living situations and the child’s relationships with each parent. Spousal maintenance (alimony) may be awarded in specific circumstances, like when one spouse cannot support themselves due to health issues or lack of job skills.
How To File For A Divorce In Indiana
Filing for divorce in Indiana starts with submitting a petition for dissolution of marriage to the appropriate court. The petition must include details about the marriage, such as the date of marriage, separation and any children involved. The spouse filing the petition is referred to as the “petitioner,” while the other is the “respondent.”
After filing, the petitioner must serve the divorce papers to the respondent. The respondent has 30 days to file a response. During this time, temporary orders for child custody, support or living arrangements may be requested to address immediate concerns.
Indiana law imposes a 60-day waiting period after filing before the divorce can be finalized. This period provides couples time to negotiate and potentially reach a settlement. The case may go to trial if agreements on property, child custody or other issues cannot be reached.
The complexity of these steps increases with significant assets, business interests or contested custody issues. That is precisely why securing reputable legal representation like ours matters during such a sensitive time.
Hiring A Divorce Attorney
When going through a divorce in Indiana, it can be difficult to know where to begin. While hiring a divorce attorney is not mandatory, having an advocate to speak on your behalf comes with many advantages. There are numerous legal hurdles to overcome when dealing with an irretrievably broken marriage. At Cross Glazier Reed Burroughs, PC, we work hard to earn the trust of our clients.
One of the key benefits of hiring a divorce attorney is having someone who is on your side. Divorce can be an emotionally fraught time for many people. By having someone to do the talking for you, it can ensure that emotions take a back seat to facts and sound legal strategy. A lawyer can also be your ally by diffusing tensions that arise and finding creative solutions to resolve impasses. It is important to find someone who is a good fit and will treat your situation with the care it deserves.
You want the person fighting for your rights to have a deep understanding of divorce law. Family law is the only area in which our firm practices and our attorneys have dedicated themselves to the practice of helping people get through some of the most difficult times of their lives. Knowledgeable attorneys know what to expect from the local courts and are also skilled at anticipating potential issues that could come up down the road. We are adept at finding creative solutions to complex family law situations. We do this by quickly identifying the real issues and developing solutions that work. Our advocacy on behalf of our clients has earned the respect of our peers and the court.
Another thing to look for in an attorney is someone who will communicate effectively with you and explain every step of the process. He or she should work closely with you to figure out your goals and then develop a strategy for obtaining the best outcome possible.
Protecting Your Future and Your Assets
Our family law firm represents clients in all aspects of divorce, including:
- Child issues such as child custody, child support, visitation and parenting time
- High net worth divorce, including property division, business valuation and high-profile divorce issues
- Spousal maintenance and alimony
- Prenuptial agreements before a marriage and postnuptial agreements in an existing marriage
- Post-divorce issues and the enforcement of divorce decrees
- Estate planning for Indiana and Florida residents
We are committed to providing the highest level of legal service and representation at each step in the process, understanding the profound impact the matter can have on your life, your future and your children.
Common Questions Regarding Divorce in Indiana
You likely have a lot of questions about your future. The attorneys of Cross Glazier Reed Burroughs, PC, can help. Our team includes seven certified family law specialists and several attorneys recognized by Super Lawyers magazine.
We’ve compiled some of the most common questions someone going through a divorce might have along with general answers. If you have questions or are looking for more information, please call our office at 317-669-9134 .
How long will the process take?
There is a short waiting period for divorces in Indiana. The final hearing just has to be at least 60 days after the divorce papers are filed. If in that time the judge believes there is a possibility that you and your spouse will reconcile, the matter may be pushed out another 45 days.
Of course, there are other factors to consider and negotiations that will need to happen before your divorce will be finalized, especially if your divorce involves high-value assets. Consult with an attorney to learn how long the process will likely take for your situation.
Do I have to point to something specific my spouse has done wrong?
How is marital property divided in an Indiana divorce?
- Financial contributions of each spouse
- Earning potentials
- Value of significant assets, such as the home
These factors are valued differently in every case. This is why it is crucial that you have a skilled attorney who understands what the court will consider when handing down a decree. Property division may be especially complicated for same-sex couples.
