Indianapolis Divorce Attorneys

Before filing for divorce, at least one spouse generally must have lived in Indiana for at least six months and in the county where the case is filed for at least three months.

Our attorneys can help determine where your case should be filed and explain the procedural requirements that apply to your situation.

A divorce begins when one spouse files a petition for dissolution of marriage with the appropriate Indiana court. The other spouse must then receive notice of the case unless service is waived.

Indiana law generally requires at least 60 days to pass after the petition is filed before the divorce may be finalized. This is only the minimum waiting period. During the case, the parties may exchange financial information, address temporary issues, participate in negotiation or mediation, and prepare unresolved matters for hearing or trial.

If the parties reach a complete agreement, they may submit it to the court for approval. If they cannot agree, the judge will decide the disputed issues based on the evidence and applicable Indiana law.

An uncontested divorce generally means the spouses have reached agreement on all issues required to end the marriage, including property, debts, custody, parenting time, child support, and any other disputed matters.

A divorce is contested when one or more issues remain unresolved. Contested cases may involve negotiation, mediation, evidentiary hearings, or trial. Even when a case begins as contested, the parties may still reach an agreement before trial.

Mediation gives spouses an opportunity to work toward an agreement with the assistance of a neutral mediator. It can be used to address property, debts, custody, parenting time, support, and other disputed issues.

Reaching an agreement can give the parties more control over the outcome, but settlement is not appropriate in every case. Our attorneys help clients evaluate proposed agreements and prepare for court when disputes cannot be resolved.

When children are involved, the court must determine legal custody, parenting time, and child support. Indiana courts make these decisions based on the best interests of the child.

Parents are often able to reach agreements regarding parenting schedules and responsibilities. When necessary, the court will issue orders that establish custody and parenting time arrangements.

Indiana law generally begins with a presumption that the marital estate should be divided equally. The court may approve or order a different division when the evidence shows that an equal division would not be just and reasonable. Marital property may include real estate, bank accounts, retirement benefits, vehicles, and debts accumulated during the marriage.

The final division depends on the specific circumstances of the case. The court may consider factors such as each party’s financial situation, contributions to the marriage, and future needs.

In certain situations, Indiana law allows one spouse to receive spousal maintenance. This may occur when a party is unable to support themselves due to incapacity, when caregiving responsibilities prevent employment, or when education or employment opportunities were interrupted during the marriage.

During a divorce case, the court may enter temporary orders addressing issues such as custody, parenting time, support, or possession of property while the case is pending.

These orders remain in place until the final divorce decree is issued or the court modifies them.

Many divorce cases are resolved through negotiation and agreement rather than trial. When the parties are able to reach a settlement, the court can approve the agreement and finalize the divorce.

If an agreement cannot be reached, the case may proceed to trial. In that situation, the judge will hear the evidence and decide the unresolved issues.