Divorce and Legal Separation | Schnitzius Family Law, LLC
If your marriage is failing, you and your spouse may pursue legal separation or divorce. Because both of these issues can be painful and traumatic for everyone involved, you need a qualified attorney you can trust to fight for your best interests throughout the duration of the case.
About Divorce and Legal Separation in Indiana
When reconciliation isn’t possible, divorce proceedings end your marriage permanently. To file for divorce in this state, one spouse must have been a resident of the state for at least six months. Indiana also requires couples to wait at least 60 days after filing before the divorce can be finalized. If you aren’t ready to end your marriage but you need some time apart, you can file for legal separation instead. Legal separation allows you to live separately from your spouse for up to one year. If either party files for divorce, the separation will end and the divorce case will proceed.
Whether you file for a divorce or legal separation, the court may issue certain orders to help you manage your property and children.
In some cases, divorcing or separating spouses can come to a property division agreement on their own. However, if not, Indiana courts seek to divide marital property equitably. This means that the judge will pursue a fair, but not necessarily equal, distribution. Each spouse can present requests and evidence to the court in order to influence the distribution of property.
Child custody arrangements are made to serve the best interests of the children in question. These arrangements may be made based on existing family relationships, the stability of each home, any history of violence, the preferences of the children and other factors.
To ensure that both parents are providing financial support for the children of the marriage, Indiana courts typically require non-custodial parents to pay child support to the custodial parent. Child support amounts depend on custody arrangements, the income of the parents and the children’s financial needs.
Seeking Counsel from a Hamilton County Family Law Attorney
If you are involved in a divorce or legal separation case in Hamilton County, it’s wise to seek legal representation. Contact Schnitzius Family Law, LLC, today to schedule a consultation with our team. As your Indianapolis Divorce Attorney, Attorney Portland Schnitzius will be happy to guide you through the divorce or legal separation process so that you can move on with your life.