Divorce Lawyer in Carmel, Indiana

• Familiarity with Local Courts: Our attorneys have extensive experience working with the Hamilton County court system, providing an advantage in handling your case.
• Understanding of Indiana Family Law: We are well-versed in Indiana’s specific divorce laws, including property division, high-asset divorce, child custody, and parenting time.
• Personalized Attention: Being local means we are readily accessible for in-person meetings, ensuring you receive the personalized attention your case deserves.

Navigating the divorce process in Indiana involves several key steps. Understanding these steps can help you prepare for what lies ahead and reduce some of the stress associated with the process.

1. Filing the Petition: The divorce process begins when one spouse files a petition for dissolution of marriage with the court. Indiana is a no-fault divorce state, which means that in normal cases the reasons for your divorce will not be discussed with the Court.
2. Serving the Petition: After filing, the petition must be formally served to the other spouse.  Once the other party is served, then the case can move forward. 
3. Temporary Orders: During the divorce proceedings, either spouse may request temporary orders regarding child custody, support, and use of marital property. These orders are intended to provide stability and address immediate needs while the divorce is pending.
4. Discovery Process: The discovery phase involves gathering information and documents relevant to the divorce, such as financial records, property valuations, and parenting plans. This process ensures both parties have a clear understanding of the marital assets and liabilities.
5. Negotiation and Mediation: In many cases, spouses can reach an agreement on key issues through negotiation or mediation. Mediation involves a neutral third party who helps facilitate discussions and guide both parties toward a mutually agreeable resolution.  Hamilton County will require you to attempt mediation prior to seeing a judge for a final hearing. 
6. Trial: If the parties cannot agree on all terms, the case may proceed to trial. At trial, both parties present evidence and arguments, and the judge makes the final decisions regarding property division, child issues, and other relevant matters.
7. Finalizing the Divorce: Once all issues are resolved, either through negotiation or trial, the court will issue a final divorce decree. This decree outlines the terms of the divorce, including property division, support obligations, and parenting arrangements.

When navigating a divorce, several critical issues must be addressed to ensure a fair and equitable resolution. These issues can be complex and may require the guidance of an experienced divorce attorney in Carmel.

Property Division:

Indiana presumes that marital estates should be split equally; however, in certain cases arguments can be made for reasons why one party should receive more or less than 50%.  An experienced attorney can help you identify if your case has facts that will overcome that presumption.  This includes all assets and debts acquired during the marriage, such as real estate, investments, retirement accounts, and personal property. Our experienced divorce lawyers in Carmel will work diligently to ensure that your property rights are protected and that you receive a fair share of the marital assets.

Child Custody and Parenting Time:

Child custody is often one of the most contentious issues in a divorce. Indiana law encourages both parents to remain actively involved in their children’s lives, and courts typically award joint custody or shared parenting time whenever possible. At Webster & Garino LLC, we understand the importance of creating a parenting plan that prioritizes the well-being of your children while preserving your parental rights.

Child Support:

Child support is another critical aspect of divorce proceedings with children, intended to provide for the financial needs of the children. Indiana child support guidelines take into account each parent’s income, the number of children, and other relevant factors to determine a fair support amount. Our team will ensure that child support calculations are accurate and equitable.

The Role of Mediation in Divorce

Mediation is an increasingly popular option for couples seeking to resolve their divorce amicably without going to trial. During mediation, a neutral third party facilitates discussions between the spouses to help them reach a mutually agreeable settlement. Mediation can be particularly beneficial in divorce cases involving children, as it promotes cooperation and reduces conflict. At Webster & Garino LLC, our experienced mediators can help you navigate the mediation process, saving time, reducing costs, and minimizing the emotional toll on your family.

At Webster & Garino LLC, we pride ourselves on our commitment to providing compassionate and effective legal representation to individuals and families in Carmel, Indiana. Our team of experienced divorce attorneys understands the emotional and financial challenges of divorce and is dedicated to helping you achieve a favorable outcome. Contact us today.