Divorce is often a complex and difficult process, and property division is one of the most complicated and emotionally charged issues to address.
Property Division
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SOUTHERN INDIANA PROPERTY DIVISION GUIDANCE
Make Sure You Get What Is Rightfully Yours…
Many couples find that dividing assets and debts during a divorce can be a daunting and emotional task. With the help of an experienced divorce attorney, the process can be made easier and fairer for both parties involved.
Property division is a complex process and can often lead to disagreements and arguments between couples. It’s important to have a skilled attorney on your side who can help guide you through the process and ensure that you receive a fair share of the assets.
We take a collaborative approach to property division, which involves working closely with our clients to determine their goals and priorities.
Our attorneys will carefully review all assets and debts involved in the divorce, including real estate, retirement accounts, investments, and personal property, and create a plan for their distribution.
We work tirelessly to negotiate a settlement that is fair and equitable for our clients.
The Property Division Process
This process can be emotionally charged and stressful, especially when parties have a significant emotional attachment to certain property. As your attorney, I am here to help you navigate this process and work to ensure that your interests are protected.
Identify Divisible Assets
The first step in the property division process is identifying all of the assets and debts that are subject to division.
This can include real estate, vehicles, bank accounts, retirement accounts, and more.
Determine Asset Value
Valuing assets and debts can be a complex process and may require the assistance of experts, such as appraisers, accountants, or financial analysts.
Divide Assets
The third step is to determine how assets will be divided between you and your spouse.
In some cases, property may be divided equally between the parties. In other cases, the property may be divided in a manner that is fair and equitable, but not necessarily equal.
SOUTHERN INDIANA FAMILY LAWYER
Frequently Asked Questions
How long does it take to get a divorce in Indiana?
The waiting period to get a divorce in Indiana depends on whether the divorce is contested or uncontested.
- Uncontested Divorce: If both parties agree on all issues, including property division, child custody, and support, there is no waiting period for an uncontested divorce in Indiana. The court can grant the divorce as soon as all necessary documents are filed and processed.
- Contested Divorce: In a contested divorce where the parties cannot reach an agreement on all issues, Indiana imposes a waiting period. The waiting period is typically 60 days from the date of filing the divorce petition. This waiting period is designed to allow spouses time to reconsider and potentially work out their differences. However, it's important to note that the actual resolution of a contested divorce may take longer, depending on the complexity of the case and court schedules.
What are the residency requirements for getting a divorce in Indiana?
1. Indiana Residency:
- Either you or your spouse must be a resident of Indiana, or stationed at a U.S. military installation within the state, for at least six months preceding the filing of the divorce petition.
2. County Residency:
- The divorce action should be filed in the county where either you or your spouse has lived for at least three months prior to filing the petition.
Meeting both the state and county residency requirements is essential for the court to have jurisdiction over the divorce case.
How is child custody decided in a divorce?
Child custody is determined by considering the best interests of the child, which may include factors such as the child's age, health, and relationships with each parent.
How much child support will I have to pay?
Child support is calculated based on a variety of factors, including the income of each parent, the number of children, and the child's needs.
How long does a divorce take?
The length of a divorce can vary depending on the complexity of the case and whether the parties can agree on the terms of the divorce. Some divorces can be completed in a few months, while others can take years.
Do I need a lawyer to get a divorce?
While it is possible to get a divorce without a lawyer, it is often recommended to hire a lawyer to ensure that your rights are protected and that the divorce process goes smoothly.
How much will a divorce cost?
The cost of a divorce can vary widely depending on the complexity of the case, the length of the proceedings, and the hourly rate of the attorney. Some divorces may cost only a few thousand dollars, while others can cost tens of thousands of dollars.
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