Divorce Law in Fort Wayne, IN

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Fort Wayne, Indiana? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved In Fort Wayne, Indiana Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Indiana, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.

Indiana’s Child Support Rules and Guidelines determine child support payments in Fort Wayne. These guidelines calculate child support as the share of each parent’s income to have been spent on the child if the household had remained intact. Child support in Fort Wayne can be paid by mail, by phone, or online through the Indiana Department of Child Services (DCS).

Additionally, DCS uses a variety of methods to enforce payment, including driver’s license suspension, passport revocation, income withholding and tax refund intercept. Of note, the willful refusal to pay child support can result in fines and even jail time.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Fort Wayne, IN divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Under Indiana Code, the court can award maintenance in a Fort Wayne divorce for an appropriate period of time. However, the court must find that the receiving spouse is unable to support themselves due to physical or mental incapacity. Alternatively, the receiving spouse has custody over a child whose incapacity prevents that spouse from working. The court may also grant rehabilitative maintenance for up to 3 years to aid in job training or education.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

When determining custody in Fort Wayne, the court will use Indiana Code guidelines. Factors considered include the age and sex of the child, the parents’ wishes, and the child’s wishes. The court will also consider the child’s re-adjustment to home, school, and community, and the child’s relationship with all family members. Any pattern or history of domestic violence by either parent is also deemed relevant by the court.

Generally, Fort Wayne, Indiana courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law In Fort Wayne, Indiana

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

You can obtain a no-fault divorce in Fort Wayne if “irretrievable breakdown of the marriage” is listed as the cause of the divorce.

Step 2: Request Temporary Orders

The divorce law process in Fort Wayne can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Fort Wayne, IN judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

In Indiana, divorce or dissolution cases can be heard by the Circuit Court, or the Superior Court. If you live in Fort Wayne, you will typically file for divorce with the Family Relations Division of the Superior Court.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.

Work With an Experienced Fort Wayne, Indiana Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Fort Wayne divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Indiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!