February 2022

Have you decided that divorcing your spouse is in your best interest? This can be a difficult conclusion to arrive at, and you may be interested in learning more about divorce law in Indiana before you finalize your decision. The actual process may be completed in as little as 60 days, but many divorces extend far beyond this timeframe. At Yoder & Jessup, we know how important it is for you to have all of the facts in front of when as you prepare to walk through this process. From your initial legal consultation until after the divorce is finalized, our attorneys in Garrett Indiana will provide expert legal support and services.

The Legal Process

At first glance, the divorce law in Indiana may seem straightforward. You must first file for divorce. After the 60-day waiting period has passed, the divorce is finalized by the court. At that point, the marriage is legally terminated. However, there may be many factors that must be decided and ruled on before the proceedings can be finalized. These factors must be agreed upon by both divorcing parties, or they must be decided by the court.

Court Proceedings

Before a divorce can be finalized, everything from assets and debts to child custody and more must be decided. These matters could have life-altering effects on both divorcing spouses as well as the children from the marriage. Because of how significant the effects could be, the divorcing couple may feel passionate about these matters and may not be able to agree on them. It becomes the court’s responsibility to rule on these matters in the event of a dispute. This may involve a courtroom trial and other lengthy proceedings. Divorces that go to court often take much longer to be finalized.

Alternative Resolution Proceedings

There are two primary alternatives to court proceedings, and these are arbitration and mediation. Both of these options give the two parties the opportunity to come to a mutually agreeable resolution. These processes may save time and money. Because the court rules according to the letter of the law, a middle-ground resolution reached during arbitration or resolution may be in the best interests of the two parties and their children in many cases.

Important Matters to Consider

While the divorce process is finalized when the marriage is legally terminated, there may often be much more involved in the process that must be worked out before this endpoint is reached. Each marriage is unique, but these are among the most common and significant matters that may need to be negotiated or ruled on before the marriage is dissolved.

Children Affected by the Divorce

Child custody, where the children will live and how time will be split between the parents must be taken into consideration when children are involved in the divorce. Keep in mind that children also have rights that must be considered. In fact, a lawyer for kids may be necessary to ensure that the children are properly represented in the case. Depending on the age of the children and other factors, the children may have a strong say in who they live with and other important matters.

Alimony and Child Custody

Alimony is not awarded in Indiana divorce proceedings, but spousal maintenance may be. Spousal maintenance is specifically awarded to provide financially for the person who will receive it, and it is different than child support. Child support is awarded to provide for the children of the terminated marriage. The distinction between these is important and can impact tax liabilities and deductions for both parties.

Marital Assets and Debts

In many cases, a married couple will accumulate both assets and debts over the years. For example, they may have purchased a house. That house may have equity in it, but it also may have a mortgage. Other examples are credit card debt, retirement accounts, stock accounts and more. If the couple does not make arrangements through mediation or arbitration for all assets and debts, the court may order the sale of assets to pay off debts.

Learn More About Getting Divorced in Garrett Indiana

At Yoder & Jessup, our family law attorneys are available to answer all of your questions and may guide you through divorce law in Indiana. Whether you are exploring your options or you are actively ready to proceed, your next step should be to schedule a consultation with a member of our legal team.