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.

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 the assets available to you within your marital estate. I also frequently assist clients with protecting sizable personal and business assets within the divorce process. 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.

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. I will go over all the possible scenarios with you to achieve the best result for your case.

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.