Divorce Attorneys in Anderson, Indiana Guiding Families through the Divorce Process
In an ideal world, a divorcing couple would be able to dissolve their marriage amicably, come to agreements that were mutually beneficial and in the best interests of their children, if any, and go their separate ways. Unfortunately, when emotions are high, as they often are in a divorce, couples can have a difficult time resolving the many questions that have to be answered before a divorce can be finalized. Add to that the legal requirements of divorce, and the whole process can become overwhelming.
The skilled divorce attorneys at Beeman Heifner Benge have years of experience assisting families through the divorce process with an eye toward minimizing conflict while maximizing beneficial results. Whether you have recently filed for divorce or are considering doing so, call our firm at (765) 234-8024 to ensure that nothing is missed that could help make the process as painless as possible.
What Are the Requirements for Divorce in Indiana?
In order to file for divorce in Indiana, you must have been a resident of the state or stationed at a military installation for at least 6 months prior to filing, as well as having been a resident of the state or stationed at a military base in the county in which you file for at least 3 months prior to filing. It is not required that your spouse meet these requirements; they may have moved to a different state, and that is fine. If your spouse living in a different state wants to file for divorce from an Indiana resident, they will file in the state where they live.
Although Indiana is a no-fault state for divorce, which means that the filer does not need to prove the fault of the other party, grounds for the divorce must still be stated. In most cases, the reason stated for the divorce is an “irretrievable breakdown of the marriage,” and this need not be proven to be due to any particular cause. However, grounds that could be cited in Indiana also include either spouse being convicted of a felony during the marriage, impotence that exists at the time of the marriage, or the incurable insanity of either spouse for a period of at least two years.
Does Indiana Require Legal Separation Before Divorce?
While it is possible to file for a legal separation in the state of Indiana prior to filing for divorce, it is not necessary. A legal separation requires the resolution of the same basic questions as a divorce–child custody, division of assets, spousal maintenance, and other issues—but the couple remains legally married. Couples may choose legal separation as a kind of trial period while deciding if their marriage is salvageable.
If one spouse files for divorce without filing for legal separation, which is perfectly permissible, the date of the filing becomes the date of legal separation. This can become important later as the division of assets is worked out.
Do We Need a Lawyer if We Don’t Have Children?
While it is true that custody issues are often some of the thorniest questions to resolve in a divorce, that doesn’t mean that a divorce without children is always simple and straightforward. When a couple has joined their finances and owns assets jointly, separating those assets can be difficult, and mistakes can be made that will affect one spouse’s financial health for years to come. With the assistance of an experienced divorce lawyer, you can feel more confident that you are not being taken advantage of financially, even if child custody and child support are not issues that you will need to resolve.
In divorces with children, a skilled family law attorney can help parents to work out parenting schedules and financial arrangements with the best interests of the children in mind.
Why Should I Choose Your Law Firm to Represent Me?
The attorneys of Beeman Heifner Benge understand how difficult divorce can be. We will apply all of our skill, knowledge, and experience to help you and your family through this difficult time with compassion and professionalism. Call us today at 765-234-8024 to discuss your options.