There are many reasons for a divorce. It could be that the couple has fallen out of love, compatibility issues, or economic problems have taken a toll on the marriage. Perhaps someone needs to leave an abusive relationship – such as physical, alcohol or drug abuse issues.
Indiana is known as a “no-fault divorce” state, meaning that the reasons for a divorce are mostly irrelevant. It’s not something to ask, it’s usually something that a client will volunteer as far as a basis or a reason for a divorce.
Some people fear that the other party will not agree to a divorce and will to work prevent the divorce from happening. For example, one party may simply refuse to cooperate by not showing up for court hearings. Not so fast! As long as you provide service of process, meaning you adequately provide notice to the other party of the pending divorce suit filed against them and they are aware that a court hearing is going to commence, even if the other person fails to cooperate or does not show up for a court hearing, you can still go forward and get the divorce finalized.
Other than the question “what will happen with the kids?” one of the biggest concerns that men have is “what’s going to happen with my stuff.” I frequently hear “I don’t want to give her half of my stuff!” Unfortunately that’s not how things work in Indiana. We have to work to divide up all of the assets and liabilities in a just and reasonable manner.
My female clientele are often concerned with “how am I going to make it on my own?” Fear not ladies! The presumption is that you will receive an equal division of marital property. You may also qualify for an award of spousal maintenance (known in other states as alimony).
If there are kids involved both men and women want to know what’s going to happen with them. I ALWAYS hear “which parent are they going to live with?” “What’s my parenting time going to look like?” “How much child support will I have to pay?” “How much child support will I receive?” Typically, the father pays support, and there are many reasons for this. The computation of child support involves many factors and is figured by completing a Child Support Obligation Worksheet. I will discuss this later in a later blog.
The moms that I speak with are naturally more protective when it comes to the children and almost always request to have the children live with them. The children usually reside with the mother for various fact-sensitive reasons. Further, parenting time for both parents is often defined by the Indiana Parenting Time Guidelines. I will also discuss these guidelines in a later blog.