Are you looking for the best divorce lawyer in Indianapolis? That is an impossible question to answer. Each attorney has their own set of strengths and weaknesses – and costs – that make choosing the best attorney for you a process. It is important that you trust your attorney and that they have the time and resources to manage your case effectively.
Divorce no longer has the same stigma it has 50 years ago but it certainly can still impact your life in the same way. Couples get accustomed to dual incomes and the benefits that come with their spouse’s job. When a couple splits, they double their expenses but keep the same income – and this can get very problematic for most couples even if they have higher average incomes. Adding to the stress, one must begin to purchase shared assets like pots and pans, furniture, and perhaps even a car. If you have considered getting a divorce, meet with us for a FREE consultation as soon as possible. You should prepare in advance and we can help you strategically plan for your divorce to help minimize the costs, the damage, and the impact on your future.
A traditional litigated divorce with a trained Indiana Family Law Attorney on your side from Cogswell and Associates starts with a thorough interview getting an inventory of your assets and debts, a list of concerns that are most important to you, and getting the background story of you and your spouse. We need to know all of the allegations your spouse may likely make against you as well so we can devise a strategy for how best to argue in response on your behalf. Divorce is an adversarial process by its very nature, but with Cogswell and Associates, we can alleviate some of the anxiety and unknowns and get you prepared for the road ahead.
Indiana Divorce Overview
In Indiana, a divorce is called dissolution of marriage. Indiana is a no-fault divorce state, meaning that the court does not require that an individual allege fault as the basis for the dissolution. Rather, the filing party may simply state “irretrievably broken” marriage on the petition. The other spouse is unable to block the filing. Therefore, it is not necessary for your former spouse to have done anything wrong in order for you to file for divorce. In fact, some couples divorce for financial reasons and remain together just over taxes. If a spouse has done something “wrong” then that may be used in arguing for sole custody of your children or arguing for an unequal division of assets in your favor from the marital estate.
To give you an example of one divorce, a man was discovered to have spent nearly $40,000 on prostitutes the year prior to the filing of dissolution. This was a “dissipation of marital assets” entitling Wife to more than a 50/50 split in her favor. Another case we discovered that the Wife spent nearly $300 per week at a bar each week after work when she had been arguing for sole custody of the parties’ minor child. This would be an argument to show that Wife was not only unfit to raise the child but that she was also dissipating the marital estate to argue differently from a 50/50 split of the marital estate.
To file for divorce in Indiana, you must have lived in Indiana for at least six (6) months or your spouse must have lived in Indiana for the last six (6) months. Additionally, the dissolution should be filed in either the county you live or your spouse lives and you or your spouse must have lived there for at least three (3) months. Each county has their own local rules in addition to the state laws on filing.