Most people who come to us know that a divorce is coming. They may have had the conversation with their spouse already, or they’re bracing for it. And what they want to know, before anything else, is: what should I do right now?
Divorce in Indiana touches nearly every part of your life at once: your finances, your home, your kids, your retirement. The decisions made in the early weeks of a case can shape outcomes for years. Our attorneys handle family law matters across Fort Wayne, DeKalb County and the rest of northeastern Indiana. What we’ve seen, consistently, is that the people who are most prepared tend to fare better. Early preparation can gives your attorney something to work with. It can gives you options.
What Does Indiana Law Actually Require Before You Can File?
Before anything else, it helps to understand the basic legal framework. Indiana law requires that at least one spouse have lived in the state for a minimum of six months before a divorce petition can be filed. You or your spouse must also have lived in the county where the petition is filed for at least 90 days. For most people in places like Fort Wayne and the rest of Allen County, that residency box is already checked. But if you moved here recently, you might want to double-check.
Indiana officially refers to divorce as a “dissolution of marriage,” and the most common path is a no-fault filing. That means neither party has to prove wrongdoing. The legal standard is simply that the marriage has broken down in a way that cannot be repaired. Once a petition is filed, Indiana law requires a waiting period of at least sixty days before a divorce can be finalized, and during that window, the parties can begin working through custody arrangements, parenting time, support, and property issues.
Property division is where things get complicated fast. In the absence of a negotiated agreement, an Indiana court will presume that an equal division of marital property is just and reasonable, though either party may present evidence that an equal split would not be fair under the circumstances. That presumption sounds simple. In practice, it creates a lot of room for dispute, especially when one spouse has been more involved in managing finances or building assets than the other.
Why Gathering Financial Records Early Can Matter
Before any formal filing, take time to locate and document the financial picture of your marriage. That means bank statements, retirement account balances, mortgage documents, tax returns, investment accounts, and any significant debts. If you and your spouse share access to these accounts online, that access may change once the divorce process begins. We’re not suggesting anything improper here. We’re saying that information that’s easy to access today may be harder to access tomorrow, and your attorney will need it.
This is especially relevant for spouses who were not the primary financial manager in the household. If your spouse handled the accounts, paid the bills, and managed the investments, you may not have a clear picture of what the marital estate actually looks like. Getting that picture, even a rough one, before you consult an attorney makes your first meeting significantly more productive.
Frankly, we’ve had many situations where a client’s spouse moved money or made large financial decisions during the early stages of a divorce. Courts can and do address that kind of conduct, but it’s far better to have documentation of account balances before any of that happens than to reconstruct the financial history later.
Protecting Your Parental Rights
Indiana courts determine custody based on the best interests of the child. When parties cannot reach an agreement on custody, the judge considers a range of factors, including each parent’s wishes, the child’s age, the relationships between the child and each parent, the child’s adjustment to home, school, and community, and the health of everyone involved. That’s a broad standard, and it means the details of daily life matter.
Start paying attention now to your involvement in your children’s lives. School pickups, medical appointments, extracurricular activities, homework. If you’ve been an active, present parent, that should be reflected in the outcome. If there are gaps in your involvement, now is the time to address them, not after a petition is filed.
Call a Divorce Attorney in Fort Wayne Before You File Anything
Many people in Fort Wayne wait until the situation has escalated, or until their spouse has already retained an attorney, before they pick up the phone. By then, the other side has had weeks or months to prepare.
A consultation with a divorce attorney is not a commitment to file. It’s information. You’ll learn how Indiana law applies to your specific situation, what your rights are regarding property and custody, and what the process actually looks like at the Allen County courthouse on Calhoun Street. That knowledge changes how you move forward, regardless of whether you file next week or next year.
We work with clients across Fort Wayne, as well as in surrounding communities throughout northeastern Indiana, including Whitley, DeKalb, Wells, and Adams counties. Every situation is different. The timeline, the assets involved, the custody questions. But the starting point is almost always the same: get informed before you make any decisions.
If you’re thinking about divorce, or if you suspect your spouse is, call Myers & Wallace, LLP. A conversation costs nothing, and the clarity it provides is worth a great deal.