Frequently Asked Questions About Divorce In Indiana
Many people have the same questions you do when it comes to divorce. Below are some of the most often asked questions and brief, but general, answers designed to provide you with some basic information.
Every situation is unique, so Robert A. Plantz & Associates, LLC Attorneys and Counselors at Law, gives you the opportunity to sit down with a lawyer for a free initial consultation to provide you with answers that better apply to your family and your situation. Call 219-561-0263 today in order to schedule an appointment.
What If We Can’t Agree On Custody?
Not every couple can agree on how custody and visitation should work. If you find yourself in this situation, you still have options. Perhaps you just need some help keeping on track. With some guidance, you may be able to reach an agreement that best suits your family, which may include solutions that you ordinarily would not have considered, and a court may not be able to consider.
If that doesn’t work for you and the other parent, then you may rely on an Indiana court to resolve this issue for you. As you prepare to present your case to the court, you should know that the court will make its decision based on what will serve the best interests of your children.
Who Gets The House If We Still Have A Mortgage?
That depends. Can either of you qualify for or pay a mortgage loan on your own? The answer to this question may dictate what happens to the family home in your divorce. Your mortgage lender more than likely will not just let one of you off the hook for the loan so that the one of you may keep the home without ensuring that the one keeping the home can afford the payments. This means that the one wanting to keep the home will need to apply to refinance the home. If that isn’t a viable option, you may sell the home and divide the proceeds from the sale, if any.
Do I Have To Share My Retirement Savings?
You may have to share your retirement with your future ex-spouse if you contributed to it during the marriage. Even if you began participating in your retirement plan prior to the marriage, you may be entitled to keep any amounts accrued prior to the marriage as separate property. However, any increases during the marriage may be subject to division.
Once a determination is made regarding how much of your retirement plan will be divided with your soon-to-be ex-spouse, you will need to make sure that you follow proper procedures by either doing a transfer incident to divorce if you have an IRA or obtaining a qualified domestic relations order (QDRO) for other retirement plans such as a 401(k). Otherwise, you could end up incurring substantial tax penalties.
How Long Does A Divorce Take?
Indiana does not require you and your spouse to live apart before filing for divorce. However, once you file the divorce, you must live apart and wait a minimum of 60 days before the court will grant your divorce. Thereafter, how long your divorce takes depends on several factors, including whether you can reach an agreement outside of court.
Should I Stay In The House Until The Divorce Is Finalized?
Indiana law does require you and your spouse to live separately, but your circumstances may require you to remain in your home until the court finalizes your divorce. You will need to provide the court with substantial proof that the two of you lived separately even under the same roof.
Consult An Attorney
Your circumstances will dictate the answers to these and other questions you have regarding the divorce process. Robert A. Plantz & Associates, LLC Attorneys and Counselors at Law, offers a free initial consultation (excluding landlord-tenant requests) to discuss your family law matters. Contact us online or at our Merrillville office at 219-561-0263, which serves clients throughout northwest Indiana.