Divorce Attorney in Indianapolis
When it comes to marriage, we would all like to have that perfect little house with the white picket fence out front that is the dream for many people. Buf for some, that simple dream ends in sadness and separation and ultimately divorce. While this can certainly be a very difficult time, having a great team of divorce attorneys on your side can make the difference between a successful resolution, and the loss of your case. So if you are in need of a divorce attorney near Indianapolis.
Begin With A Consultation
When it comes to your divorce or annulment, the best thing that you can do if one is in your future is to begin with a consultation. That is because that no two divorce or separations are the same. Several variables can come into play that can make a major difference into how each are handled. Your Divorce, or dissolution of marriage in the state of Indiana, can be a very trying and challenging time, let us help make it as easy as possible. Cogswell and Associates, helping you take the first steps toward returning normalcy to your life after a difficult road.
Grounds For Divorce
If you are thinking about filing for divorce in the state of Indiana, it’s important to understand what qualifies as legal grounds for dissolution. The first of these is the irretrievable breakdown of the marriage or essentially un-reconcilable differences. The second is a felony conviction by either of the parties, after entering into the marriage; this one is pretty self-explanatory. The third is impotency that is existing at the time of the marriage. The fourth and final being incurable insanity of either party for a period of at least two years.
Alimony or Spousal Maintenance
If your happily ever after is coming to an end, the possibility of having to pay alimony differently does exist. While in many instances we would love to think that a separation or a divorce would not have to necessitate the paying of money to the other spouse in one form or another, many times it does. In Indiana, there are a few different types of spousal support that are used depending on circumstances around the case. The first of these is indefinite maintenance This a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs, and the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment. The second of these is temporary spousal maintenance and is primarily connected to the spouses’ education level, likelihood of employment, and earning capacity in the post divorce time frame.
When a couple gets divorced and there is a child in the mix, child support is one of the first, and one of the more difficult, subjects that arise from a divorce. Depending on your relationship with your future ex, child support can be as easy or as difficult as both parties make it. For many people, taking care of their child is a given, but often the wants of a former spouse or domestic partner can seem to be unreasonable.Ultimately, the decision of the court will be made in the best interest of the child. It is at times like these when counsel is so important. Having someone on your side that knows the laws specific to the state of Indiana can make the difference in achieving for equality on both sides of the divorce. We are here to help you out through the entire process, giving the the counsel you need and the information that you want.
Division of Property
Another major concern for anyone in a divorce is how property is going to be divided upon dissolution. This is definitely a valid concern because we all have our possessions that mean a lot to us for various reasons. Family heirlooms, childhood memories, and other significant circumstances all make for treasures. In Indiana, equitable division is the name of the game. That means that in the state of Indiana, the court shall divide the property of the parties, whether owned by either spouse before the marriage, acquired by either spouse in his/her own right after the marriage and before final separation of the parties, or acquired by their joint efforts. There are several ways that this can be done: 1) Division of the property in kind 2) Setting the property or parts of the property over to one of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper 3) Ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale 4) Ordering the distribution of pension or retirement benefits that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt. There are, however, certain factors that may sway the court’s decision in property allocation: 1)The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing 2)The extent to which the property was acquired by each spouse before marriage, or through inheritance or gift. 3)The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children. 4)The conduct of the parties during the marriage as related to the disposition or dissipation of their property. 5)The earnings or earning ability of the parties as related to final division of property and a final determination of the property rights of the parties. 6)The tax consequences of the property disposition with respect to the present and future economic circumstances of each party.(https://www.hg.org/divorce-law-indiana.html).