Answering Your Divorce Questions
Divorce can be confusing – especially with so many complex legal elements. If you are getting a divorce, having the right information can empower you to make the right decisions.
At Bob Zoss Law Office, LLC, we can answer frequently asked questions about divorce as well as case-specific questions. To discuss with our divorce lawyers, call 812-471-8502 or email our firm in Evansville.
Will I Have To Go To Court?
Divorcing couples have several options, including mediation and litigation. The most suitable option depends on your individual circumstances.
Mediation is an alternative to court. In mediation, a neutral third party listens to both spouses and helps them reach a fair agreement on their own terms. Each spouse can work with a lawyer to protect their interests while negotiating. Sometimes, mediation is faster and can be more cost-efficient than litigation.
However, the court must still approve child custody matters and child support orders. You must also provide documentation to the court showing that you reached an agreement in order to finalize the divorce.
In some cases, litigation might be the best option. Not all divorcing spouses can negotiate effectively. A formal divorce trial can ensure that both parties get a fair outcome.
How Long Will Divorce Take?
At a minimum, you must wait 60 days from the time you file for divorce to the time you finalize the divorce in Indiana. However, many divorces take more than two months.
Factors that impact how long divorce takes include the method you use and the complexity of your case. For example, if you have a prenuptial agreement, and you and your spouse agree on the terms of divorce, the process might be relatively quick. However, if you have a contentious divorce that requires litigation and you own complicated property, divorce may take longer.
How Are Assets Divided In Divorce?
In Indiana, marital property is divided using a principle known as “equitable distribution.” In equitable distribution states, courts seek to divide property in a fair and equitable manner. This does not necessarily mean that property is split 50/50. Courts will often look at each spouse’s earning potential and contributions to the marriage in determining a fair distribution.
Who Will Keep The House?
If your case will involve divorce trial, the court will determine who keeps the family home and other property. Property division is often the part of the divorce process that spouses worry about the most, aside from child custody.
When deciding which spouse should keep the house, the court will review matters such as:
- The child custody order and needs of the children, in which case a spouse with sole physical custody might keep the home to care for the children
- Each spouse’s emotional connection to the house
- Whether the house was inherited, which could classify the house as separately owned property
- The distribution of other assets, including other real estate properties
If you have concerns about keeping the family home or another property, you can work with your attorney to build a strategy that highlights your needs and interests. Although property division in Indiana is usually not a perfect 50-50 split, the outcome should still be fair to you.