Merrillville, Indiana Legal Blog

How long will I have to wait until my divorce is final?

Although each divorce proceeding is as unique as the people involved, the divorce process in Indiana follows a common timeline.

The first step in getting a divorce is to file a Petition for Dissolution of Marriage. Because Indiana is a “no fault” state, the cause can be a generic claim that the marriage is irretrievably broken.

Child and spousal support and modifications in Indiana

When there is an order of child support in Indiana, it is made with the best interests of the child in mind. With spousal support, it is for the spouse who was not the breadwinner in the relationship or who earned less than the other spouse to be able to survive based on the married lifestyle. The financial order is not a method to punish the supporting parent. The main goal is to provide for the child and the former spouse. For some, the situation has changed and there is the need to change the order.

There are circumstances where it is possible to change the amount that is paid. This can be done by reducing or increasing it. The case itself will dictate whether this is done. It is even possible to revoke the support completely. Understanding the law in these circumstances is essential.

What does Indiana law say about child custody and relocation?

Indiana parents who have gotten a divorce and have children will undoubtedly want the best for them. When there is a child custody agreement, the noncustodial parent will generally have visitation rights. In a best-case scenario, the parents will be amicable and able to talk cordially to one another regarding issues with the child. Even if that is not the case, the agreement is meant to ensure both parents have sufficient time with the child and act in his or her best interests.

However, in some instances, it becomes necessary for a custodial parent to relocate. In such a circumstance, it is imperative that both parents understand the law for relocation, modifying a child custody order to accommodate it, and when it can be done. First, the parent who is relocating is required to file a notice that he or she intends to move. It must be with the clerk of the court that did the following: issued the child custody order or the parenting time order; or if that is not applicable, it must be filed in the relevant jurisdiction.

Forget to sign a prenup? Here’s what you can do

Postnuptial agreements can be extremely useful for couples who did not sign a marital agreement prior to marriage. A postnuptial agreement is similar to a prenuptial agreement, except that it is signed after a couple is already married.

A couple can enter into one of these agreements days or years after they get married. These marital contracts stipulate how the couple will divide their assets and liabilities in the event of a legal separation, divorce or death.

What happens to my pension in a divorce?

After years working hard and saving for retirement, the prospect of having those funds suddenly cut in half worries many people. But with more and more people ending their marriages later in life, division of retirement funds becomes a common negotiation point in divorce.

Thinking of getting a divorce, or already started divorce proceedings? If you possess significant retirement assets, creating a plan for dividing those assets saves a lot of headaches. In many situations, you won't be able to hold on to all of your pension in divorce. But agreements like a QDRO can help ensure everyone is treated fairly.

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