Southern Indiana Divorce Lawyer

Divorce Attorney in Southern Indiana, KY

Divorce is an emotional, complex experience that often disrupts your daily life and leaves you worried about the future. However, working with the right legal representation can give you the confidence you need to navigate your southern Indiana divorce and move forward. A compassionate Southern Indiana divorce lawyer from our firm can help you cover all legal bases so you can focus more on taking care of yourself, your children, and your livelihood.​

The attorneys at Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, share decades of family law experience and approach every divorce case with empathy, integrity, and quality. We work to understand what our clients are going through and help them secure their long-term goals.​

Filing for Divorce in Indiana​

Indiana is a no-fault divorce state, so one spouse does not have to prove they were wronged by the other to get a legal divorce. Instead, the couple can cite that irreconcilable differences caused them to split. However, one spouse may be able to cite other valid reasons for divorce if needed, including if their spouse committed a felony, has incurable insanity, and more. 

​There are also residency requirements that have to be met for someone to file for divorce in Indiana. Whether you live near the Ohio River or more north in Bedford, these requirements are the same. You must have resided for at least 6 months in the state, and at least 3 months in the county where you’re filing, prior to filing for divorce in Indiana.

The Different Elements of a Divorce in Indiana

​Nationally, the divorce rate has hovered around6 divorces per 1,000 residents, making divorce cases relatively common across the country. In Indiana, it’s important to understand the different elements of a divorce so that you can identify your goals and better prepare yourself for proceedings.​

The division of marital assets is one of the main proceedings of a divorce case. Courts aim to create an equitable split that considers the means and needs of both parties by following equitable distribution guidelines. However, it’s important to understand what property is eligible to be divided. In a divorce, only marital assets can be split, and separate property must remain outside of proceedings. Debt can also be shared and may need to be equitably split as well.

After the property is divided, one spouse may request alimony to help meet their basic needs and move through this transitional period. A court may also order maintenance and alimony if there is a clear imbalance of wealth between two spouses. From there, other elements that may need to be addressed include:

• Child custody, visitation, and support
• Living arrangements for yourself or your spouse
• The splitting or restructuring of shared business

Handling Divorce Cases With Children in Indiana

​When parents divorce in Indiana while sharing children, they must divide custody rights and discuss potential child support payments. Parents have the opportunity to make these decisions outside of court. However, if they are unable to make a fair agreement, the matters will be handed over to a judge. Courts will determine each parent’s custody, visitation, and child support rights based on a wide range of considerations that prioritize the children’s best interests.

​They’ll look at factors such as:

• The child’s relationship with each parent
• Each parent’s income
• The child’s unique needs
• The capability of each parent to care for their child
• If either parent has a history of substance abuse
• If either parent has a history of domestic violence
• The child’s preference, if applicable

When to Hire a Divorce Lawyer in Southern Indiana

​As soon as you start considering a divorce in southern Indiana, talking to an attorney is a good idea. When you hire a divorce lawyer right away, you can get a better understanding of the divorce process, learn more about your legal options, and work to create a firm legal strategy to navigate your divorce. A divorce lawyer from Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, can stand by your side and help you resolve each divorce matter fairly.

​FAQs About Divorce Law

​How Much Does a Divorce Lawyer Cost in Indiana?​

The cost of a divorce lawyer will be determined by your attorney, who will need to assess the details of your case. More complex cases usually require more time, support, and services, which costs more. For example, a contested divorce case that requires countless court hearings and takes over a year to settle will likely cost much more than an uncontested divorce that’s settled in a few months.

​Is Child Custody Always Split in an Indiana Divorce?

No, custody is not always split when a married couple divorces in Indiana. A family court must evaluate a wide range of details to make a custody decision that prioritizes the child’s best interests. In some cases, sole custody may be awarded if courts find a history of domestic violence, substance abuse, or other issues that could harm a child. However, joint custody is generally viewed as more beneficial to a child.​

Can You Still File for Divorce If Your Spouse Doesn’t Want One in Indiana?​

Yes, you can still file for divorce in Indiana, even if your spouse doesn’t agree. Because Indiana is a no-fault divorce state, you don’t have to agree on matters or do something wrong to file for divorce. However, these cases are often more complicated, as a contested divorce often requires much more negotiating. You should hire an experienced divorce lawyer if you’re going through a contested divorce in Indiana. 

What Money Can’t Be Touched in a Divorce?

​In Indiana, all marital assets, including shared bank accounts and other funds, must be split during a divorce. However, there are certain funds that cannot be touched. These include any separate property owned by one spouse, such as inheritances. Additionally, certain bank accounts or investments may be frozen when the divorce process begins to make sure they are protected from misuse.

​Trusted Southern Indiana Divorce Attorneys

​From asset valuation and equitable splits to custody agreements and spousal maintenance, the team at Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, has the knowledge, experience, and problem-solving skills needed to help you navigate your divorce with confidence.Contact our firm today to learn more about our trusted divorce services in southern Indiana.