The decision to end a marriage is not one to ever be taken lightly. It is a watershed moment in life for most people when deciding not to stay in a legal relationship. Many who have children very often postpone the event in hopes that conditions will get better, but more often than not, the eventual separation will occur at some point. Those who make the decision over time and do not make a quick and hasty choice will have thought long and hard about each aspect of their life that needs addressing, all of which are components of going forward with life after the separation is final. In addition, even for those who know quickly when the time is right, getting prepared is essential too. A few considerations that Garrett, Indiana family attorney Yoder Kraus & Jessup suggest remembering before making the final decision to file with the Indiana court system.
Sometimes it is better to avoid doing certain proactive things that will send an immediate red flag. Stealth can be the friend of the divorcing spouse who files first. But, there are a few issues to evaluate and address beforehand. Since the most crucial aspect of the separation will involve children, housing arrangements, and finances, it is vital to have a good accommodations plan when making the final decision. Putting together a comprehensive listing that addresses all of these concerns first is an excellent initial step in the right direction. The court system will request a parenting plan to be worked out in association with a family attorney who can ensure that the children’s rights are enforced, set parameters, and build a case for child custody. According to Indiana family law statutes, the court system typically responds as an advocate for the children first and then evaluates classification of assets and distribution of marital property.
Actions to Avoid
The first action to avoid when divorcing is draining the family bank account. This can backfire when marital property is being assessed because the money is owned in community. The state of Indiana views marriages much as business partnerships, and any extracted funds can be negative evidence when the case is being adjudicated. Another element of the divorce that can have a negative impact is personal disposition and retaliatory actions. It is always important to act as an adult, even when emotions are high. The court is not so much concerned with this aspect unless there are minor children involved, but acting erratic or breaking the law in any fashion can be problematic even in seemingly simple divorces. Being combative in any manner does not bode well in any family law court. This problem can be avoided by retaining an experienced family law legal counselor who can negotiate a final agreement through a mediation process. Each spouse has legal responsibilities to each other until the order is entered, and proper assessment of personal and marital property must be completed before an equitable distribution order can be rendered by the court. Financial liabilities are shared and assets and those responsibilities are also included in any mediation agreement.
While some individuals who are going through a divorce will not seek legal counsel or retain representation, this is never a good decision. In fact, it is best to consult an attorney in Garrett, Indiana like the legal professionals at Yoder Kraus & Jessup before even filing or responding to a service of legal paperwork. There are often extenuating legalities associated with any divorce, and it is always best to know what you are facing legally and what legal rights you may have in the process.