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 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.

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.

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.

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.

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.