When you need help understanding family and divorce law in Southern Indiana, and you have legal questions, our Southern Indiana family attorney at Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, has the skills and experience to help. In addition to helping you navigate complex divorce laws, we can also protect your rights and prioritize your interests.
Family and Divorce Law in Southern Indiana
Family law in Southern Indiana operates under Indiana state law to regulate domestic relationships and family-related matters, including marriage, divorce, child custody, and adoption. Family attorneys facilitate legal transitions and advocate for clients in court or mediation. Depending on your situation, one of our family law solutions may work for you.
Some expectations to have for a family law court case include:
- Initial attorney consultations
- Temporary orders for immediate issues
- Potential mediation
- Formal, respectful court hearings
When it comes down to it, family law refers to any kind of legal proceeding that involves relationships between family members, with divorce, child custody, and adoption being the most common cases. Your family law case may also involve spousal support. Family law covers a wide range of sensitive matters, and cases can quickly become emotional for all involved.
Navigating Divorce in Indiana
To navigate divorce in Indiana, you must meet residency requirements, having lived in the state for at least six months and the county for at least three months before filing. The state also mandates a 60-day waiting period for divorce, requires irretrievable breakdown as grounds for ending a marriage, and uses equitable distribution for property. By meeting these requirements, you are eligible to file for divorce in Indiana.
When distributing property during a divorce, key considerations include:
- Property classification
- Duration of marriage
- Contributions
- Financial need and earning capacity
- Debts and assets
- Child custody
- Marital misconduct
- Tax consequences
- Prenuptial agreements
Every year, over 1.8 million Americans go through a divorce. When you are one of the individuals facing the end of your marriage, life can be stressful, and it can be difficult to understand the many legalities that apply to your situation. Trying to navigate complex asset division and divorce laws on your own can be daunting. This is where the help of a family law professional can be helpful.
Child Custody and Support
Another area of family law that is common for families to go through is child custody and support. Indiana child custody is ordered using the “best interests of the child” standard. About one in four children under the age of 21 lives with only one parent, while the other parent lives outside the household. With this in mind, many families turn to child custody and support agreements.
Types of child custody include:
- Joint custody. This kind of custody involves both parents sharing decision-making (legal) and/or residence (physical) of the child.
- Sole custody. This grants one parent primary, or exclusive, authority over decisions and residence.
Post-divorce, financial strain can cause both parents to work more, with mothers working 8% more hours and fathers working 16% more. In turn, this can reduce parent-child contact and cause numerous issues for families that custody and support agreements can help with. Child custody and support agreements can reduce conflicts and plan schedules for families.
Hire a Family Lawyer
At Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC, we have six decades of combined experience, and our attorneys have won many awards for their dedication to client advocacy and excellence in legal representation. If you need help understanding family and divorce law in Southern Indiana, we have your back.
When you hire a family lawyer at our firm, you can rest assured knowing that we excel in advocacy and can give your case the personalized attention it deserves. With our compassionate wisdom and stellar customer service, we can find solutions that are most favorable for you and your family during trying times.
Our trusted Southern Indiana family attorney also understands the courts. When your family law or divorce case goes through the Vanderbugh County Family Court, we can handle every step of the process as your family or divorce lawyer, meeting all important deadlines and requirements, and properly navigating all applicable family and divorce laws.
FAQs About Family and Divorce Law
What Should You Do Financially Before a Divorce?
Before filing for divorce, you should secure your finances by opening individual bank accounts, documenting all assets and debts, and gathering at least three to five years of tax returns and financial statements. Protect your credit by monitoring your report, freezing credit if necessary, and closing joint accounts. Seeking out the assistance of a divorce lawyer may also be beneficial.
What Is the Wife Entitled to in a Divorce in Indiana?
Indiana is an equitable distribution state, meaning courts aim for a fair division of property, rather than one that is strictly equal, though a 50/50 split is presumed to be fair. A wife is entitled to an equitable share of all assets acquired during the marriage, and the court may determine how much exactly the split is, depending on numerous factors.
What Assets Are Untouchable in a Divorce?
Assets generally considered untouchable in a divorce include premarital property, inheritances, and gifts specifically given to one spouse, provided they remain uncommingled. These separate assets, along with those protected by a valid prenuptial agreement, typically stay with the original owner. Marital assets, on the other hand, are subject to division.
What Disqualifies You From Spousal Maintenance in Indiana?
In Indiana, you are generally disqualified from receiving spousal maintenance if you are self-sufficient, employed with sufficient income, or if your marriage does not meet specific, narrow legal criteria. Maintenance is rarely awarded unless there is incapacity, a need to care for an incapacitated child, or a requirement for rehabilitative support.
Schedule Your Initial Consultation Today
When you are trying to understand family and divorce law in Southern Indiana, and you need a Southern Indiana family attorney to answer your legal questions, look no further than Straw-Boone Doheny Banks Mudd Catalano & McKinney, PLLC. We can apply our years of legal experience to your case to help you move forward. Contact us to schedule your free consultation today.
