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Divorce is one of the most challenging things a person can go through in life. Even when divorce is uncontested, creating a suitable divorce agreement can take months, and disputes about child custody and support can cause high tensions.
If you are currently seeking or navigating a divorce, the family law attorneys from Myers & Wallace, LLP, are here to assist. We have extensive experience mediating divorce proceedings in Indiana and are committed to working closely with clients to achieve their ends. A divorce can be life-changing, and you need an attorney who can provide solutions and guidance to help you move forward. Contact our offices today to speak to a Fort Wayne divorce attorney.
Our attorneys handle all legal matters related to divorce and post-divorce proceedings. We can step in at any part of the divorce timeline, whether you want to initially file or are responding to a petition:
Below is the general process of filing for divorce in Indiana:
Indiana is primarily a no-fault state for divorce, meaning that either side of a marriage can initiate divorce without proving wrongdoing. All a divorce requires is testimony from one spouse that the marriage has fundamentally broken down and there is no reasonable expectation of reconciliation.
However, Indiana also retains fault-based grounds for filing for divorce. Reasons for filing a fault-based divorce could include:
Filing for fault-based divorce doesn’t impact basic divorce proceedings, but it can impact divorce issues like child custody and the distribution of assets. An attorney can assess your situation to see whether filing for fault-based divorce would make sense in your situation.
If you are not ready to get a divorce for personal or financial reasons, legal separation is an option. Legal separation is a legal status where both spouses live apart and make decisions about child custody and support. Under legal separation, the marriage itself remains intact. Separation can last for one year, after which spouses can decide whether to reconcile or dissolve the marriage.
Separation can be an option for couples who want to live apart but not formally end the marriage. Separation is often a precursor to divorce and can allow couples space and time to get used to living apart before ending a marriage.
When searching for an attorney, the two most important qualities to look for are experience and dedication. The attorneys from Myers & Wallace, LLP, collectively share decades of experience and have a reputation for our committed legal representation. Family law matters intersect with some of the most private and personal facets of our lives. We can approach sensitive matters like divorce with compassion and tact, never forgetting to center our clients’ well-being in our approach.
Even when divorce is amicable and uncontested, having an attorney on your side can help. We can provide general legal advice and represent you in divorce hearings. Our assistance can streamline the divorce process and fight for a fair and favorable outcome. We can also offer our services for other legal matters, ranging from personal injury to criminal law issues.
Below are some of the most common questions we receive about divorce in Indiana. If you have any more specific questions, reach out to one of our family law attorneys for a consultation.
Do I need an attorney to file for divorce in Indiana?
No, you don’t need an attorney to file a divorce petition or partake in divorce proceedings. However, things can be much more difficult if you don’t. An attorney can advocate for your position and negotiate an agreement if there are disputes. More generally, an attorney can make sure you follow divorce procedures and administrative rules.
How long does it take to finalize a divorce in Indiana?
It depends on the specific case. An uncontested divorce with no disputes can be finalized in as little as 60 days once the initial waiting period has passed. Conversely, contested divorces with disputes about property divisions or custody can take months or even years. Your choice of attorney can make a large difference in divorce timelines.
Is Indiana a community property state?
No, Indiana is not a community property state, so marital assets are not automatically split 50-50 between spouses. Instead, courts split assets according to a fair and equitable standard. Factors that influence property divisions include previous contributions, financial need, and each spouse’s earning potential.
Should I file for divorce first?
There is no legal advantage to filing for divorce first. However, filing first can put you at a strategic advantage. You can control the timing of proceedings and prepare your case well in advance. Filing first can force proceedings if you suspect your spouse will try to hide assets.
Divorce may be the end of your marriage, but it can also be the start of something new. When moving into the next chapter of life, you want an experienced professional on your side. Myers & Wallace, LLP, can be your advocate and help protect your rights and interests. You can count on us to manage your divorce case in a way that respects your and your family’s privacy and dignity. Contact our offices online or call today for a case consultation with a divorce attorney in Fort Wayne.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
