In a divorce action, each party is generally responsible for compensating their own attorney for services rendered by that attorney and his or her staff. Service provided by a divorce lawyer may include: Researching statutes and laws that might apply to your case
Indiana follows the American rule in civil litigation, including an Indiana divorce. Under this rule, each party pays his or her own attorney's fees in the case. However, there are some instances in which a divorce court may order one party to pay part or all of the attorney's fees of the other party.
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AnswerDo you need an attorney to get a divorce in Indiana?
With it, each side pays their own legal fees. There are three (3) major exceptions. First, in domestic relations cases, which comprise the largest segment of civil cases in Indiana, the courts have authority, under powers given to them by the General Assembly, to …
Who normally pays for a divorce lawyer?
Indiana law specifically authorizes courts to award reasonable attorney fees for maintaining or defending a divorce case, as well as for legal services provided before and after the divorce proceeding. To determine if attorney fees should be imposed on the other spouse, the court examines the following factors: The resources of each spouse;
What happens to your pension when you divorce in Indiana?
Filing for Divorce: To officially begin the divorce process, your Indiana divorce lawyer or your spouse's lawyer will file a Petition for Dissolution of Marriage with the county trial court and pay a filing fee. Your divorce can be finalized in as few as 60 days after filing. Grounds for Divorce in Indiana: Indiana offers what is known as a "no-fault" divorce, meaning neither spouse is to …
Can a judge deviate from a straight split in an Indiana divorce?
May 11, 2022 · Most divorce filing fees in Indiana are under $200. But that’s only the beginning of the costs of legal representation. You will usually pay a consultancy fee, then a retainer, and then the rest of the cost. You may need to pay additional documentation fees, courier fees, and administrative fees, as the process continues.
Who pays attorney fees in divorce?
Traditionally, the parties each pay for their own attorney in a divorce suit. The spouses are not allowed to share an attorney, so each party must provide their own attorney for the legal process.May 1, 2018
Who pays attorney fees in custody in Indiana?
Indiana, like most states, follow the American Rule. This means each side pays for their own attorney's fees. However, there are provisions under the Paternity and Divorce acts for the court to order one side to pay the other party's legal fees.
Does it matter who files for divorce first in Indiana?
Does it matter who files for divorce first in Indiana? From a legal standpoint, there are no implications for who files for divorce first in Indiana. However, there are advantages and disadvantages to submitting a divorce petition first.
What is spousal maintenance in Indiana?
Alimony—or spousal maintenance as it's called in Indiana—is a court-ordered payment from one spouse to the other during or after the divorce. Courts in Indiana historically ordered alimony in divorce to ensure that both spouses received a fair property division.
How much does a divorce cost in Indiana?
While many factors can change the overall cost, it is typical for each spouse to spend $10,000 or more to complete their divorce.
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Divorce Filing Fees and Typical Attorney Fees by State.
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Divorce Filing Fees and Typical Attorney Fees by State.
| State | Average Filing Fees | Other Divorce Costs and Attorney Fees |
|---|---|---|
| Indiana | $157 | Average fees: $9,000 |
•
Jul 21, 2020
Can a spouse kick you out of the house in Indiana?
One can move out while the divorce underway, with or without the permission of the other spouse or by agreement formalized through the court. However, the relocating spouse may have a difficult time regaining possession of the marital residence during the divorce.Feb 16, 2021
Who gets the house in a divorce Indiana?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn't mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.Apr 26, 2012
Does Indiana require marriage counseling before divorce?
No mandatory counseling exists in Indiana. 3. Sixty Day Waiting Period: Once a dissolution petition is filed, you must wait sixty (60) days before the divorce can be finalized. This is a “cooling off” period required by state statute and cannot be waived.Jan 5, 2012
Do you have to pay spousal support in Indiana?
Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.Jul 22, 2018
Does a husband have to support his wife during separation?
As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.
How is spousal maintenance calculated?
When it comes to calculating spousal maintenance, there is no set formula to follow – unlike child maintenance. Usually, the amount to be paid is determined by the couple or by the court after considering the circumstances. The court will decide both the amount to be paid and the length of time.May 9, 2021
How long do you have to live in Indiana to get divorced?
Indiana Residency Requirements: Indiana law requires either you or your spouse be a state resident for at least six months prior to filing for divorce. You'll also need to reside in the county in which you're filing for at least three months. (Members of the military can file for divorce in Indiana after they've been stationed in the state for at least six months.)
Does Indiana have child custody?
Indiana Child Custody: If you and your spouse have minor children, the Indiana divorce court will also rule on child custody and child support. There are two types of child custody:
Expenses Involved in All Indiana Divorces
An uncontested divorce is one in which both parties agree to the terms and there are no disputes over marital property division, spousal and child support, or child custody.
Variable Costs in Divorces
In a contested Indiana divorce case, you have the same basic filing fees as described above, though you’ll also have the costs of contesting the matters.
Discrete and Hardworking Indianapolis Divorce & Family Law Lawyers Eager to Assist You with Filing for Divorce
If you are contemplating a divorce, Eskew Law, LLC has divorce lawyers in Indianapolis who can help make the process as painless as possible.
Is Indiana a no fault divorce state?
What are the laws for divorce in Indiana? Although Indiana is a “no-fault” divorce state, the Petition for Dissolution of Marriage must declare the appropriate grounds upon which the dissolution is being sought.
How long does it take to get divorce in Indiana?
How long does it take to get a divorce in Indiana? Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.
Can you move to Indiana while dissolution is pending?
You are not required to remain in the state while your dissolution is pending. If you have children in the state, you may be prevented from relocating during the pendency of your dissolution. If you do move, you will still be expected to return to Indiana to attend any mandatory hearings in court.
How to notify your spouse of divorce?
If you cannot find your spouse and you have made reasonable efforts to do so, you can ask the court to notify your spouse of the divorce by putting a notice in the local newspaper. After this is done, you can finalize the divorce even if there is no proof that your spouse saw the notice.
Can a parent change a minor's last name?
A parent may not change a minor child’s last name without the other parent’s permission unless their right to consent has been removed by law. In the absence of these circumstances, the parent wishing to change the child’s name must petition the court and obtain consent from the other parent.
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Do I Need a Divorce Attorney?
You should consider hiring a divorce attorney if you want professional assistance in determining and pursuing ideal outcomes for legal decisions making, parenting time, child support, property and asset division, and spousal support.
Collaborative Divorce is a Peaceful Divorce Option
Divorce litigation can be scary and emotionally draining for you, your spouse, and your children. But it doesn’t have to be that way with collaborative divorce. The collaborative process can result in a less expensive, more efficient, and less harmful outcome for everyone involved.
OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!
The collaborative divorce process is designed to help people who are willing to work together to make an agreement that benefits the family. Resources that help parents communicate effectively during this process can help them model appropriate behavior for their kids.
Equitable Distribution & Asset Division
- Marital Property and Division of Assets in Indiana
Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when divi… - Debts
There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.
Support Issues
- Spousal Maintenance in Indiana
There are several factors that will determine if spousal maintenance (alimony) in Indiana should be awarded or not. Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years fr… - Child Support in Indiana
Indiana uses the Income Shares Model for calculating child support. This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses. Court…
Custody and Visitation
- Child Custody in Indiana
Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating cir… - Substance Abuse
By itself, substance abuse is not considered one of the grounds for divorce in Indiana. However, if the use of drugs or alcohol is present in a marriage it could impact parts of the divorce settlement. Specifically, any drug use that negatively impacts children or a parent’s ability to car…
Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b… - Disclosing Assets
As part of the divorce process, both spouses must provide financial disclosures. This includes, assets, income and debts. This is so equitable distribution can take place in an appropriate way. Any attempt to hide assets could result in serious repercussions. If one spouse suspects that th…
Other Issues
- Domestic Violence
Domestic violence in Indiana can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secon… - Health Insurance
Indiana courts generally require that both parties maintain status quo when it comes to health insurance during a divorce. However, after a divorce is granted, this does not mean that health insurance is required to continue. In fact, most employers will not carry an ex-spouse after a div…
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