Northeast Indiana Divorce & Complex Property Division Lawyers
The most important advice we can give is this: ignore whatever threats your spouse is making (unless they are regarding health or safety), no one walks away with everything they want, the reasons leading to the divorce are almost always legally irrelevant, and millions of people have been through this process and survived and gone on to lead happy lives, you can too.
Divorce can be stressful, especially since they are emotionally driven. But when you keep the emotions in check and focus on the law, some overarching themes come into view:
- The Court will divide your assets and debts in a way that it believes is fair and equitable. And it will start with the presumption that 50/50 is fair and equitable.
- Neither a mom nor a dad has an inherent advantage when it comes to obtaining custody. Again, the Court will look at the evidence presented to it and determine what resolution would be best for the child(ren).
- Courts do not care about why you’re getting divorced or how badly someone behaved, unless that behavior is directly related to the safety of the child(red) or was related to financial misconduct.
When viewed in this light, it becomes easier to ignore an angry spouse’s threats or absurd demands. It becomes easier to have faith that so long as you keep your cool and remain patient, the law will work properly and the horrible doom they are threatening you with will not come to pass. We pride ourselves on our ability to help clients remain calm and make good, rational decisions.
With that out of the way, here is a rundown of a typical divorce matter and how we handle a divorce case:
- We will have a conference and we will get to know your situation and get information for necessary paperwork and court filings. If necessary, we might pursue a temporary order for child support, custody, possession of the home, a car, attorneys fees, spousal maintenance, etc.
- Once your case has started, we will begin the “discovery” process. This means we will put together a picture of each side’s assets and debts. We will collect information on retirement accounts, real estate, medical bills, etc. We will also discuss issues relating to children, such as ongoing concerns and whether a custody evaluation would be beneficial.
- Once discovery has been completed, most courts require the parties to engage in mediation. This means the parties will meet with a neutral professional who will help the two sides reach a resolution. Most cases resolve at this stage.
- If the parties are unable to reach a resolution, then a final hearing will be set. This is a trial and evidence will be presented to the judge. The Indiana Rules of Evidence and Rules of Trial Procedure apply. This is where it pays to have someone with courtroom experience on your side.
Divorce with Complex Property Division
If you or your spouse has a business or has a particularly large or complex set of assets, it is important to carefully assess your situation and develop a firm understanding of the range of potential outcomes you face. Once you know what your worst day in court looks like, what your best day in court looks like, and what your probable day in court looks like, you can more easily gauge what resolution works in your favor.
We will help you determine what kinds of valuations you need, what disclosures to make and when, explain the strength and weaknesses of your case, and craft a strategy that helps you make the best of your situation.
Navigating Family Law Issues?
Let our caring family attorneys provide the guidance and support you need to resolve your family law issues.