Divorce Attorney

Serving All of Porter, Lake & LaPorte County, Indiana

Filing for Divorce in Indiana

Divorce is one of the most upsetting and emotional life events. In addition to legally terminating a relationship, there are many decisions to make such as parenting time, child custody, distribution of property, child support, division of debt, and others.

Indiana No-Fault Divorce

Indiana is a “no-fault” state. This means that neither party needs to prove the wrong doings of the other party. The reason for divorce can be recorded as an irretrievable breakdown of the marriage. A 60-day “cooling-off” period is necessary for the divorcing couple. Once the petition for dissolution of marriage has been filed. After the 60 days, the divorce can be finalized if there are no contested issues.

A dissolution of marriage does not require both parties to agree to end the marriage. In Indiana, either spouse can file for divorce. Indiana does require that at least one spouse in the divorce be a resident of the state for six months and reside within their county for at least 3 months prior to filing the petition for divorce.

Name Change After Filing for Divorce in Indiana

As part of the divorce proceedings, it is the woman’s choice to restore her maiden name or maintain her married name. In order to change the name of any minor children, consent from the other party will need to be obtained.

Is Court Necessary?

If both parties can agree on issues through settlement talks and mediation you may not need to appear in court. If agreement is not possible, you will need to go to court to litigate your claims. Therefore it is crucial for you to consider hiring Cioe & Wagenblast, P.C. who will have a great amount of experience litigating claims in the courtroom. During the process of selecting your legal counsel, you should be sure to ask how much courtroom experience the attorney has.

High Asset & Complex

Divorce

Divorce is never easy, especially when both parties are not agreeing on the division of assets or custody issues. Cioe & Wagenblast, PC has considerable experience with paternity, contested divorce, and child custody actions.

What Makes a Case Complex?

Many factors can make a divorce more complex to negotiate or litigate. An example of a complex issue is when both parties cannot agree on child custody or child support issues. If neither party is willing to compromise, the legal process is going to become more difficult. Another example could involve a spouse accusing the other party of domestic or child abuse. In these instances, the accusation will need to be investigated before the divorce can proceed.

Some types of assets are more complicated and require a higher degree of scrutiny to determine how to divide the value between the divorcing spouses. It may be necessary for your attorney to consult with a tax accountant to value the assets if your situation involves complex asset portfolios including bonds, stocks, retirement investments, real estate, and mutual funds.

If either spouse owns a business, the divorce proceedings may be harder to navigate. The business will have to be valued and there will need to be decisions made about the future ownership and management of the business if it is owned by both spouses. Disagreements about ownership over the business can greatly impact the legal process of the divorce.

In some cases, hidden assets may be found which can also make a dissolution of marriage more difficult. A forensic accountant and other finance professionals can be hired to value the account and provide advice residing complex issues.

Relocation After Divorce

After a divorce, the importance of deciding to move your place of residence can be stressful. The situation can be very complicated based on the child custody situation and parenting time arrangements.

Relocation and Where to Start

If you are considering relocation, you need to notify the court as well as the non-relocating parent about your intent to move far in advance. Upon notice, a hearing will be set to review and change a custody order, parenting time order, child support, or grandparent visitation order.

It is crucial to consult with an attorney if you are considering relocation. If you are a non-relocating parent, you should also consult with an attorney to protect your rights. Cioe & Wagenblast, PC can advise you of your legal rights and options and represent your interests in court. Having experienced legal counsel by your side can also help with the stress of the situation as they will work hard to protect your rights and the best interest of your child.

Court Consideration

The court will take many factors into consideration of your relocation notice. First, the court will take action to protect the best interests of the child. As the child’s parent, this is most likely your biggest concern as well. The distance between your old and new residence will be analyzed as it may pose a hardship to the non-relocating parent and can have a negative impact on parenting time and cause an undue financial hardship. The court will consider the impact that the relocation may have on the relationship between the child and both the relocating and non-relocating parent.

Once all these issues are reviewed at the hearing, the court may change any appropriate agreements including parenting time agreement, grandparent visitation, child custody agreement, or child support agreement.

Your Rights

Regardless of whether you are the relocating or non-relocating parent, it is important for you to fully understand your rights Cioe & Wagenblast, PC can provide for necessary choice for your relocation situation.