Setting Yourself Up For Success Before a Divorce

Child Custody
Setting Yourself Up For Success Before a Divorce

March 17, 2023

Divorce can be an arduous and taxing emotional and mental process, particularly in Indiana. The legal procedures involved in divorce often appear confusing and complicated, adding to the stress of the situation. 

However, this article aims to provide a comprehensive guide to filing for divorce in Indiana and the basics to consider before divorce.

Where to start when filing for divorce

Indiana law permits no-fault and fault-based divorce, with no-fault being the more common choice. These types of divorce are often faster and less complex than fault-based ones, which only have a few specific causes allowed under Indiana law.

Indiana family law will consider many factors for spouses to address, including custody, child support, spousal support, property division, and more. The best way to succeed through a divorce is to consult a family law attorney to assist you. 

What to remember regarding Indiana residency and divorce

Regardless of the type of divorce you are pursuing, meeting the residency requirements is crucial before filing. The conditions stipulate that you or your spouse should have been an Indiana resident for at least six months (or lived on an Indiana military base) before filing. 

Additionally, you or your spouse should have been a county resident where the filing is intended or stationed on an army base within that county for at least three months before filing. Once the residency criteria are fulfilled, the divorce process can commence.

Factors to consider when a couple has children

Indiana’s choice to adopt the “income share” model when determining child support obligations accurately reflects the reality of today’s changing family dynamics. Under this model, the court uses tables to provide a comprehensive and reliable estimate of the monthly cost of raising children. Following this estimation, the non-custodial parent pays a percentage based on the amount of combined income. 

The most crucial aspect of child custody, parenting time, and child support is considering what is in the best interest of the child or children. Parenting time and custody include factors including:

  • Age, health, and mental capabilities of a child
  • Considerations for school, housing, and community or social support
  • Parent’s wishes
  • Children over 14 are more likely to have legal considerations for their preferences.
  • Domestic abuse or mental instability by either parent

Indiana courts will consider many factors when determining custody, support, and parenting time. To set up parents for success, seeking legal counsel is imperative. A family law attorney can guide a parent through the complexities of divorce and give expert guidance regarding many topics.

Are you going through a divorce? Call our family law attorney!

Divorce isn’t just a legal procedure; it represents the dissolution of love and companionship that once existed. 

The Bellinger Law Office understands the complexity and sensitivity of divorce cases and provides a supportive, experienced team to protect your rights. No two divorces are the same, so we offer personalized representation tailored to your situation. Clients who hire us benefit from our expertise in pursuing their best-possible legal outcome. If you’re facing a divorce but don’t know where to turn, don’t hesitate to contact us today to schedule a consultation.

Guidance for Families


Meet Attorney

Robert H. Bellinger



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