< Back to Noblesville, IN Family Law Attorneys page
Noblesville, IN Divorce Attorneys
It is difficult to decide to end a marriage, and it is always significant to permanently end things. At GDS Law Group, our Noblesville family law attorneys understand that you and your spouse may have spent months or years avoiding a divorce. However, at a certain point, you may realize it is better to move forward separately. When you have come to this conclusion, it is best to work with an experienced and compassionate Noblesville divorce attorney. After all, a divorce in Indiana is not just a practical or emotional change; it is an in-depth, legal process. You must have the divorce officially ordered by the court to make it legitimate. Doing this requires working with an experienced divorce lawyer, who can not only offer cost-effective and practical guidance, but with the ability to fiercely assert your rights in and out of court.
Our Noblesville divorce attorneys have decades of collective experience and understand what you are going through. At GDS Law Group, we are committed to finding the best possible ending to your relationship.
To learn more about the divorce process and your rights during an Indiana divorce, contact us to schedule a free and confidential consultation. You can reach out through our online form, or by calling 317-550-5339.
Factors to Consider Before You File for Divorce in Indiana
If you are thinking of filing for divorce, we recommend speaking with a Hamilton County divorce attorney about the process, your options, and your rights. There are a few things for you to consider before filing:
- Are you legally married? If you are unsure of whether you are legally married in the U.S. or not, such as if you and your spouse took part in a ceremony in another country, talk with a lawyer. Indiana does not recognize common law marriages unless they were entered into before January 1, 1958. You must be lawfully married to go through a divorce.
- Does Hamilton County have jurisdiction over your divorce? Not every court has jurisdiction over your marriage and divorce. You must file for divorce in the county that has jurisdiction over the matter. To file for divorce in Indiana, you or your spouse must have been a resident of the state or stationed at a military base in the state for at least six months before filing the divorce petition, and you or your spouse must have been a resident of the county or a military base in that county for at least three months before filing the petition.
- Is your divorce collaborative or combative? You should talk with your divorce attorney in Noblesville, Indiana about whether you and your spouse are on the same page regarding the divorce, or whether you expect to argue over one or more topics during the divorce process. If you and your spouse agree on the divorce and the underlying issues, such as property distribution, spousal support, and child custody, then you may be able to go through a collaborative divorce. In this process, you, your spouse, and your attorneys will create a divorce agreement through several discussions, which is then approved by the court. However, if you and your spouse do not see eye to eye, and the court may need to decide one or more issues, you will need an attorney to prepare for a contentious divorce. At GDS Law Group, we are here to help you through either situation. Our lawyers are highly experienced in negotiating divorce settlements through mediation as well as fighting for our clients in divorce court.
Legal Separation in Indiana
Indiana law allows you and your spouse to file for legal separation. This is not a divorce. Instead, it is a legal order that states you and your spouse are living separate lives. It creates a distinct separation, which can be important for financial matters. It is also an opportunity to obtain an order regarding a division of certain property, child custody and support, and spousal support during the separation. If you and your spouse wish to live separately but are not ready to divorce yet, call us right away at 317-550-5339.
Grounds for Divorce in Indiana
In Indiana, like many other states, you do not have to provide specific grounds for a divorce. Indiana is a no-fault state. You or your spouse can file for divorce without giving the court a reason, such as abuse or infidelity. In most cases, your petition will state there has been an irretrievable breakdown of the marriage.
That being said, Indiana law does allow you to provide certain specific grounds:
- You or your spouse were convicted of a felony after entering into the marriage;
- Impotency that existed when you entered into the marriage; or
- Incurable insanity lasting at least two years.
There may or may not be a benefit to filing for divorce based on one of these grounds. You should speak with our Hamilton County divorce lawyers about these options and which is best for you.
Major Issues to Settle During a Divorce
Divorces are complicated because there are several issues you and your spouse need to agree on before the court will finalize the divorce. These issues can quickly become contentious, which is why it is essential that you are represented by our divorce lawyers in Noblesville, Indiana. By working with an experienced divorce attorney, you have someone who ensures you are aware of your rights and legal options. You also have an experienced professional to advocate on your behalf and fight for a fair outcome of your divorce.
Significant issues that must be addressed during a divorce are:
The Division of Marital Property
Once you file for divorce, the court must identify what property is individually owned or part of the marital estate. You and your spouse each have an interest in the marital property, which must be divided between the two of you. This typically includes the family home and other real estate, financial savings, investments, retirement savings, vehicles, auto and personal loans, and credit card debt. You and your spouse can negotiate how the property will be divided or ask the court to decide. When a judge is in control of the division of property, they will create a plan that is just and reasonable. This may be a 50/50 split, but this is not required. To ensure the division is equitable, you or your spouse may receive a greater percentage of the marital property.
This is better known as alimony, and it can be an extremely contentious issue. If you believe you should receive alimony, or you know your spouse will ask for support, call GDS Law Group right away at 317-550-5339. Depending on your goals, we may aggressively fight or support a request for alimony. We also can represent you in negotiating an appropriate amount and duration of support.
You and your spouse have the right to create your own child custody and parenting time agreement. You can decide who will maintain legal and physical custody of your children, and in what amount. If you determine your own parenting plan, the court will review it and approve or deny it in accordance with what is best for your children. However, if you and your spouse cannot agree on child custody, then the decision is placed in the hands of the judge. The judge will review the evidence to determine an arrangement that is in the best interests of the child. This may be joint custody, or the judge may award sole legal and/or physical custody to you or your child’s other parent. You should consult with a child custody lawyer to see what option may be best for your family.
In addition to child custody, you and your spouse must each financially contribute to raising the children. In general, the parent with a lesser amount of physical custody pays the other parent. Indiana child support law requires that each parent’s weekly adjusted gross income is determined. Then, based on a predetermined schedule, the law states how much parents should spend on a child each week. Finally, a proportion of that amount is assigned to each parent based on your weekly incomes and parenting time. You should speak with our Noblesville divorce attorneys about how Indiana child support is calculated, and whether the amount should differ from this calculation.
Let Us Help You Through a Hamilton County Divorce
When you are ready to file for divorce, or if your spouse has already filed in Hamilton County, give GDS Law Group a call at 317-550-5339. You should not go through this process alone. Our experienced Noblesville divorce lawyers are here to represent you in divorce court and protect your rights. If you have a simple or collaborative divorce, we can seek to have your divorce finalized within a few months. Indiana requires you to wait 60 days before requesting a final hearing.
If you have a complex or contentious divorce, we will know how to handle that as well, and from start to finish. We understand the mediation process or various court hearings may take months, a year, or sometimes longer. We will guide you through this difficult process and ensure you receive the legal support you need.