Committed To Getting The Best Possible Outcomes for Clients

Answers to common divorce questions

| Nov 20, 2020 | Family Law

Divorce can be one of life’s most challenging life changes. However, understanding what to expect can sometimes ease the stress of this process. 

Review the answers to common questions about ending a marriage in Indiana. 

How do I file for divorce?

Indiana couples can file for divorce in the state if one or both spouses has lived there for six months or longer. The person requesting the divorce must petition the court in the county where he or she resides. 

When both spouses agree on property division, custody and other aspects of the divorce, they can submit a written copy of this agreement to the court. When they do not agree, the court will schedule a hearing to decide these issues. 

How will we divide shared property?

Indiana law calls for equitable property division. Usually, that means that the divorcing couple will split assets and debts about evenly. However, the judge can adjust this arrangement based on tax implications, each person’s financial circumstances and other details of the case. 

How do child custody and support work?

Like most states, Indiana uses the best interest standard for child custody. The judge may order joint or sole physical and legal custody depending on the impact on the child’s physical and emotional well-being. Even when one parent receives primary physical custody, the other parent has the right to regular visitation except in cases involving abuse or neglect. 

The state bases child support on each parent’s standard of living, income, assets and debts. Child support continues until age 18 or 21 for full-time students. 

Sometimes, couples opt for mediation to create a divorce agreement instead of allowing the court to decide these issues.