GLORIA K. MITCHELL

Attorney at Law

When it comes to helping you through your legal issues, my years of experience as a dedicated family law attorney is my strength that will be put to work for you. You deserve a seasoned advocate in your corner who knows and will fight for your rights and your interests. I can simplify the complexity of any situation and I will take time to know you and your case and guide you along the best path as you move forward. I am solution-focused and approach each case with a plan, co-developed with you, designed to meet your unique goals, and always directed towards reaching the best results possible for your individual case.

DO YOU NEED HELP?

I am dedicated to helping you through your family law and litigation challenges with compassion and care.

Divorce Fundamentals

Indiana is a no-fault state. This means the actual reasons for the breakdown of the marriage are not at issue with the Court, although they are relevant to understanding the dynamics of your situation as we move ahead. Once a Petition for Dissolution of Marriage has been filed, there is a sixty (60) day “cooling off period” before your divorce can be finalized.  Most counties now require the parties attend a parenting class if there are younger children of the marriage, and, alternate dispute resolution methods, such as mediations, are often required prior to proceeding to a final contested trial.

Complex Marital Estate Valuation & Division

I frequently assist clients with handling sizable assets including businesses, real estate, and personal property.  I work with leading business valuators, financial and tax experts, and  appraisers to accurately determine the value of all the assets that you have a claim to within your marital estate.  Working with a team approach, I can often identify assets of which one or both of the parties may not be fully aware, to your financial benefit.  While most financial disputes are resolved outside the courtroom, I am very accustomed to dealing with adverse parties and adverse expert opinions in the courtroom to reach your goals.

Division of Assets and Liabilities

Indiana follows the “one-pot theory.” Any assets and debts brought into the marriage, or acquired during the marriage, regardless of title, are all included in the marital estate.  In Indiana, the presumption is that the marital estate is divided 50/50; however, if one party does not believe this a just and reasonable division of the marital estate, then there are several factors that can cause a deviation from this presumption, and I will go over all the possible scenarios with you to achieve the best result for you.

Qualified Domestic Relations Orders (QDROs)

At the conclusion of a divorce proceeding, often a retirement account needs to be divided to achieve an equitable distribution.  Depending on the type of account, these accounts may be divided by a Qualified Domestic Relations Order. This is a document, drafted by one, or both, of the parties’ attorneys is recognized by the IRS as a method of allowing a penalty-free transfer of retirement funds between spouses’ incident to a divorce.

Spousal Maintenance

Indiana does not recognize alimony, however, there are three (3) circumstances in which a court may require that one spouse pay maintenance to the other.  First, if a spouse is the custodian of a child with a physical or mental incapacity that inhibits that spouse’s ability to work. Secondly, if the spouse is physically or mentally incapacitated such that he/she cannot work. Finally, if a spouse needs rehabilitative maintenance due to a lack of education or training, generally the case when the education is interrupted during the marriage while focusing on the marriage. If this is a possibility in your case, we will discuss all your options and all considerations associated with this issue.

Prenuptial, Postnuptial, & Separation Agreements

A valid prenuptial agreement will contain detailed descriptions of the assets, debts, and financial intentions of the couple contemplating marriage.  I have a significant amount of experience in drafting, reviewing, and negotiating prenuptial agreements for parties regardless of the situation. My focus will be on educating you and provided directed legal drafting to accomplish your goals and steer you in the right direction. Many states, including Indiana, recognize postnuptial agreements, which are contracts between the marriage partners created after the marriage. In Indiana, these post-marriage agreements can settle issues relating to the final division of assets and debts in the event of a divorce, without necessarily proceeding with the divorce action. This can be a very useful tool to support the continuation of a marriage when financial disputes or disparities are threatening the survival of the marriage.

OVER 30 YEARS OF LEGAL KNOWLEDGE AND EXPERIENCE


With over three decades of experience, I have helped many clients through several complicated family situations work towards finding a just resolution. I have also helped clients navigate less complex situations to reach a financially beneficial result while controlling costs. No matter what family law issue you may be facing, I will apply cost-effective and client-driven strategies for your case's unique individual needs.

PRACTICE AREAS

Tailoring our services to meet your individual needs.

Prenuptial, Post Nuptial, and Separation Agreements.

A prenuptial agreement will contain detailed descriptions of the assets, debts, and financial and perhaps estate planning.

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No Court Resolution

Settling family matters out of court may be the best route for you and your children. Where it is appropriate, or any time at your request, I will offer you information and guidance on all Alternative Dispute Resolution methods to educate you on the best route to achieve your goals.

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Custody, Paternity, Guardianships.

As an LGBTQ+-friendly lawyer, I have worked with families to better understand their needs for representation through various legal matters.

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You do not have to face this alone

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ALTERNATIVE DISPUTE RESOLUTION

CAN A MEDIATOR HELP ME AVOID GOING TO COURT?

Mediation is a process that can allow people to utilize a neutral third party to resolve disputes outside the courtroom. It is often required by the Court and is favored as a method to resolve family disputes with as little disruption to their lives and in avoidance of expensive and often painful courtroom litigation.

What is collaborative law and how can it help me?

Collaborative law provides a holistic approach to reaching a resolution by incorporating other family professionals that all work together to help resolve your issue out of court.  This is also known as a “no court” divorce and involves a series of individual and group meetings designed to meet your goals and reach a positive conclusion to your situation. I am trained to provide this service and I would be happy to provide additional information and discuss this method of resolution with you at any time.

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COMPASSIONATE & RELIABLE SERVICE YOU CAN COUNT ON

Dealing with family law-related issues is not only emotionally overwhelming, but it can potentially have a long-term impact on the life of you and your children. When stress and emotions are running high, it is easy to despair over your situation.

Whether you are going through a legal separation or divorce, or if you are seeking help establishing paternity or visitation rights, I have the skillset you need to fight for the best possible outcome for your case while offering you the necessary support during this difficult time.

As an experienced family law attorney, I am committed to providing you and your family with the compassionate counsel you need to trust that I have what it takes to help you get through tough times.

I strive to help you resolve your case out of court, through alternative dispute resolution methods, but if they are not available or in your interests for any reason, then I am always dedicated to fighting for your rights in court.  Reach out today to put my experience on your side.

As with all other information contained on this website, this information should not be considered legal advice and you should seek advice from an attorney.