Divorce Frequently Asked Questions
If you are considering divorce, you have many questions. It’s understandable. This will likely be one of the biggest decisions you ever make.
At Beaver & Beaver, P.C., attorney Eric J. Beaver helps people in Rensselaer and Jasper County file for divorce. He can also help you with a legal separation if you want to try that before divorcing. His experience in Indiana family law includes representing clients in divorce mediation and at trial, when that is necessary.
How long does divorce take in Indiana?
Every case is different, but in general, it will take at least 60 days after filing. If issues such as property division and child custody are contested, it may take considerably longer.
Do I have to give half of my assets to my spouse?
Indiana is an equitable distribution state, which means that the property division in divorce is not necessarily 50/50. Instead, it is supposed to be an equitable, or fair, division of assets. Divorce assets typically include things such as homes, vehicles, businesses, investments, furnishings, art and collectibles, and financial assets. Don’t forget that the marital debts will also be divided in divorce.
Do I have to prove fault in an Indiana divorce?
No. While there are grounds for divorce (felony conviction, impotency and insanity of one spouse for a minimum of two years), you do not have to prove anything other than saying the marriage is “irretrievably broken.”
Do I have to get a legal separation before getting divorced?
No, there is no law saying that you must legally separate first. People may choose to get a legal separation if they want to try separating before deciding whether to divorce, but that is completely up to each couple.
A legal separation is a temporary state, allowing the couple to live apart and to separate financially, for one year. During the separation, there may be temporary property division orders, child custody arrangements, and child or spousal support (alimony) in place.