Divorce Lawyer in Westfield, Indiana

Our experienced divorce attorneys located in Westfield understand that the process of divorce often is accompanied by intense emotions that include stress, sadness, uncertainty, and even anger. We work with our clients to navigate past these intense feelings, which could derail constructive and amicable agreements. We are seasoned litigators who are prepared to passionately advocate for our client’s interests regarding property division, spousal maintenance, child custody, parenting time, child support, and ancillary matters. However, our Westfield marital dissolution attorneys recognize that a mutually agreed upon settlement will almost always be more stable and satisfying than a judge-imposed disposition.

Indiana Divorce FAQ

How do I file for divorce in Indiana?

Indiana law permits parties to choose between no-fault divorces and fault-based divorces. In a no-fault divorce, also called marital dissolution in Indiana, the petitioning party must file a complaint in the county court. The complaint alleges that the spouses experienced an irretrievable breakdown of the marital relationship. The parties must be residents of Indiana for at least six months before filing for divorce. Fault-based grounds still exist in Indiana but are rarely chosen as the legal basis for marital dissolution. Indiana fault-based grounds are felony conviction, impotency, or incompetence.

What happens if my spouse wants a divorce and I do not?

You can attempt to persuade your partner to engage in couples’ therapy or have a trial separation to see if the divorce is what one of the spouses want. Regrettably, Indiana has no legal basis to stop a person from filing for divorce on the basis of irretrievable breakdown of the marriage. This is incredibly disheartening. However, there are legal options you have so you can protect yourself financially so that you can get back on your feet again.

What issues should I be aware of in an Indiana divorce?

Typically, parties involved in dissolving their marriage in Indiana must be cognizant of three main issues:

  1. Property division,
  2. Child custody and support

Property division in Indiana is based on the legal theory of equitable distribution. Indiana is not a marital property state. Therefore, family courts in Indiana will look at all of the facts and circumstances of the marriage and divide the property equitably, which means fairly; it does not mean equally.

Child custody and support are the most significant issues confronting a divorcing couple. Couples who are divorcing must consider the terrible toll divorce can take on children. While not necessarily a reason to stay together, divorcing parents must understand that they created their children’s lives and that fighting about them or using them as a bargaining tool is hurtful.

Alimony in Indiana more commonly referred to as spousal maintenance. Spousal maintenance is an issue if one person is ill and cannot work, or one spouse is totally and completely dependent upon the other because there was not sufficient martial property for the person to provide for herself or himself and the person is caring full time for a disabled or incapacitated child.

Indiana Marital Dissolution Attorneys in Westfield

How do I learn more about Webster & Garino, LLC’s Indiana divorce lawyers?

If you are considering filing for divorce or you have been served with marital dissolution paperwork, Webster & Garino LLC provides workable solutions and effective litigation regarding contested divorce issues. If you have questions, we welcome the opportunity to talk to you, so email us at (317) 565-1818 or send us an email.

Webster & Garino LLC

104 N. Union Street, Westfield, IN 46074

Tel: (317) 565-1818

Fax: (317) 565-1835