For many people, marriage is the start of a long and happy new chapter. However, this is not the case for everyone, or for every place in America. Despite recent trends, Indiana’s divorce rate remains high, ranking as one of the only states in the country whose rate is higher than the national average. 

Due to this trend, it’s vitally important for anyone considering divorce in Indiana or who is already going through a divorce to consult an experienced and compassionate divorce attorney. A Morgan County or Martinsville divorce attorney can review the rules and procedures for getting divorced in Indiana, including waiting times, division of property and assets, and child custody. Understanding how divorce works in Indiana is vital to navigating the process and ensuring you get everything you deserve and have the opportunity for a brighter future.

In Indiana, divorce follows the principle of equitable distribution, meaning marital property is typically divided 50-50 between spouses. The law assumes that an equal split is fair, regardless of who earned more income or purchased certain assets. However, courts can adjust this division if evidence shows that an unequal split would be more just based on each spouse’s circumstances.

If you are going through an amicable divorce, a couple can come to the terms of equitable distribution themselves. Attorneys for both parties can review assets and help come to a decision that satisfies everyone. However, in many instances, the final decision is made by the court. In this case, you will need an experienced Indiana divorce attorney on your side.

Equitable distribution is meant to ensure not only that each spouse can keep assets they earned or contributed to the marriage, but that both parties are equally able to care for themselves following a divorce. This means determining if one spouse was responsible for supporting the other during the marriage, and whether one spouse may be entitled to more money or assets because of their non-financial contributions to the marriage, such as child care, household maintenance, or other forms of support.

If the court must determine the equitable distribution of your assets, it will take into account several deciding factors.

These factors include, but are not necessarily limited to:

• The Length of Your Marriage
• The Financial Contributions of Each Party
• The Household Duties Carried by Each Party (Child Care, etc.)
• Each Spouse’s Ability to Work and Earn Money
• Each Spouse’s Education Level
• The Age and Health of Each Spouse
• The Value of Your Assets

If both parties made equal financial contributions to the marriage, a judge may decide that assets should be divided relatively evenly. However, if one spouse earned significantly more money, or if one spouse did not work at all, equitable distribution may turn out to be in favor of the spouse who made less money. The court may decide they have become accustomed to a certain level of income and life circumstances, and that it would be wrong to take this from them.

These are only a few factors impacting equitable distribution in Morgan County and Martinsville. An experienced divorce attorney can review your circumstances and help determine what might be considered an equitable distribution of assets.

If the court determines that one spouse may not be able to fully support themselves following a divorce, a judge may decide to award spousal maintenance. Spousal maintenance is a temporary payment made by a person to their former spouse to help them transition into their new life.

Spousal maintenance is only awarded in limited circumstances, and an experienced attorney is necessary to determine if you may qualify for spousal maintenance or if you may be obligated to pay maintenance to your spouse. It’s valuable to note that spousal maintenance is not the same as child support. 

There are several factors to consider when a court makes an award of child custody. The paramount concern for the court to determine is what is in the best interest of the child.  Indiana Code specifies certain factors that the Court shall consider.  It is important to hire an experienced attorney to present the appropriate evidence to meet each statutory factor.

While many people believe courts automatically favor mothers or award them greater custody time or even sole custody, this is not true. If possible, Indiana judges generally prefer assigning joint custody. Joint custody is an arrangement in which both parents share time and parenting responsibilities.

Indiana courts believe that, in most cases, children benefit from continued relationships with both parents. In determining custody, the court will consider a variety of factors, including both parents’ work schedules, school schedules, where each parent lives in relation to their children’s schools, the time and financial contributions each parent can make, and more. An experienced attorney can review your case and determine the best child custody arrangement to pursue.

Divorce is a complicated but often necessary part of life. While it may be intimidating, you don’t have to do it alone. The lawyers of AJM Legal, LLC are here to help. Our compassionate yet dedicated team of attorneys and legal professionals is here to help you through every step of the divorce process, from filing for divorce to dividing assets, determining child custody, and more. We understand how emotionally draining and psychologically daunting a divorce can be. We don’t just provide legal support- we’ll help you through the emotional process of a divorce so that you’re prepared both financially and mentally for the next phase of your life.

A divorce means the end of something – but it also means a fresh start. If you or a loved one is going through a divorce in Indiana, don’t hesitate to call AJM Legal, LLC at (765) 342-1962 to schedule your free consultation.