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219, 260, 574
Indiana Area Codes Taken
317, 765, 812
Marion County Indianapolis Divorce lawyers
Alternatives for Dispute Resolution
Mediation
Mediation is an alternative to litigation that can be less expensive and less stressful for divorcing couples and their children. In the mediation process, the couple works with a trained mediator to reach agreement on contested issues.
Arbitration
Arbitration is more like litigation than mediation. Instead of using a judge to decide the final outcome, the parties agree to use an arbitrator. Each spouse is represented by an attorney who will represent their best interests during negotiation.
Collaborative Divorce
Collaborative divorce is a relatively new divorce process that requires an up front commitment to resolving disputes by negotiation, compromise and agreement. If either attorney moves the case toward litigation, both will be disqualified from representing their clients in the litigation. If the parties can't reach agreement, both lawyers (and their law firms) must withdraw.
Division of Property
Most states use an equitable distribution system to divide the property of divorcing spouses, though each state has its own rules and procedures for doing so. States that use an equitable distribution scheme attempt to divide the property fairly between the spouses. That doesn't mean an equal, 50-50 split of all the property. Rather, the goal is to achieve an equitable, or fair, distribution.
Under equitable distribution, the court will divide the couple's assets in a way it deems fair given the particular circumstances of the case. Generally, property will be classified as joint assets or separate property. Joint assets are those held or considered to be held by both parties.
Separate property includes the property each spouse had before the marriage or acquired during the marriage by gift or inheritance, including personal injury damage awards. In order to establish that something is separate property, it must have stayed within exclusive ownership and control of one spouse, which can be very difficult to prove. If separate property is combined with joint property a court may include that property among the other property divided upon divorce.
There are several factors used by the courts to determine how to arrive at an equitable distribution of the property. They will look at each spouse's monetary and non- monetary contributions to the marriage. Courts will value the contribution of a spouse who stays home to raise children and the value of a spouse who works so the other spouse can obtain a professional degree. The objective is to look at the whole picture to arrive at a fair solution.
The equitable distribution of property can become one of the most contentious issues in a divorce. To make sure your interests are being adequately protected, you need the advice and assistance of a family law attorney familiar with the family laws and procedures in your particular state.
Alimony, Spousal Support & Maintenance
Alimony, also known as spousal support or maintenance, is financial support paid by one spouse to another. Each state determines alimony differently. You should consult with an attorney in your state to determine what factors will be considered when deciding if, how much, and to whom alimony will be paid in your case.
There are essentially three types of alimony: permanent, restitutional and rehabilitative. Permanent alimony is an allowance for support and maintenance (such as food, clothing, housing and other necessities) of a spouse. When a party requests permanent alimony, they must establish that they have a need for support and that their spouse has sufficient means and abilities to provide for part or all of the need. Restitutional and rehabilitative alimony are paid for a shorter period of time and most likely provides less than the standard of living during the marriage. Rehabilitative alimony is designed to provide the means necessary to enable a spouse to refresh or enhance job skills necessary to become self-sufficient by providing financial support while the spouse is obtaining necessary training.
The types of factors the courts consider vary from state to state. In fault-based states the respective fault of the parties may be considered in awarding alimony. Other factors include:
- Length of the marriage
- Each party's financial conditions after the property division
- The parties' ages, health and physical conditions
- Education and educational opportunities foregone
- Employment and foregone employment
- Skills and time necessary to become self sufficient
Alimony is often the most difficult issue to be successfully resolved in a divorce because it directly addresses the ongoing lifestyles of both parties.
Conclusion
Reaching the decision to end a marriage is enormously difficult. Once you do make the decision it is in your best interest to approach the divorce process from a rational, businesslike perspective, which is extraordinarily difficult given the emotional issues with which you must also cope. Working with an attorney who is experienced in family law will ease your stress and help you get through the process to begin your new life.
Let our Marion County Indianapolis Divorce lawyers help you!
Divorce » Family Law Attorneys and Lawyers Serving Lake Co., Marion Co. and St. Joseph Co. Indiana
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317.572.7717 Indianapolis
317.572.7717 Kokomo
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317.572.7717 Mishawaka
317.572.7717 Muster
317.572.7717 South Bend
317.572.7717 Valparaiso
317.572.7717 West Lafayette
Children of a Divorce
One of the hardest things to go through in life can be the child of a divorce. If you are getting a divorce and have children we understand the hardship that alone can cause. We try to make the changes as easy as possible for the children’s sake. Our family law attorneys and lawyers [...]
Child Support
Information from multiple sources shows that only 10% of all noncustodial fathers fit the “deadbeat dad” category: 90% of the fathers with joint custody paid the support due. Fathers with visitation rights pay 79.1%; and 44.5% of those with NO visitation rights still financially support their children. (Source: Census Bureau report. Series P-23, No. 173). [...]
Divorce Rate
The divorce rate in 2005 (per 1,000 people) was 3.6 — the lowest rate since 1970, and down from 4.2 in 2000 and from 4.7 in 1990. (The peak was at 5.3 in 1981, according to the Associated Press.)
Indiana Divorce Custody Family Law
Indiana Divorce Custody Family Law