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What To Know Before Filing For Divorce

Filing for divorce is not easy. Not only do you have to cope with the emotions that accompany divorce, but you will need to determine how you will divide your assets, who will receive custody of the children, and who is required to pay alimony or child support. Before you decide to file for divorce in Indiana, it is important to keep a few considerations in mind.

There Are No Winners or Losers in Divorce

Many people approach a divorce with the goal to win the process. When it comes to divorce, however, there are rarely winners or losers. Divorces are complex and require multiple considerations, including financial concerns, alimony, and asset division.

You and your spouse can choose to negotiate the terms of your divorce, or you can choose to have the court decide the terms for you. In either case, it is unlikely that you will leave the divorce with everything that you desire.

Rather than focus on winning or losing, it is important to think about the implications of the divorce process. You will need to consider your best interests, the interests of your children, and how to streamline the process. In these situations, speaking to an Indiana divorce attorney can help.

Indiana Is an Equitable Property Division State

One of the most complicated parts of a divorce involves the division of assets. In Indiana, any property that a couple acquires during their marriage becomes marital property. These assets are subject to division during a divorce.

Indiana is an equitable property division state, meaning that it will divide marital property in a just and reasonable manner. The court will base this decision based on multiple factors, including the following.

  • The contribution each spouse made for acquiring property
  • The economic circumstances of each spouse after the divorce
  • Each spouse’s earning ability
  • The conduct of each spouse as related to the property
  • How the property is acquired

Before filing for divorce, it is important to organize your finances. Determine what you own and any debts that you owe. Collect financial records related to your weekly earnings and any investments, retirement accounts, and credit cards in your name. This step will help facilitate the asset division process.

Keep Your Kids in Mind

When filing for divorce, it is easy to lose sight of the big picture. In many situations, children bear the emotional toll of the divorce—and if one spouse makes mean or hurtful comments about the other parent in front of the children, it can seriously affect the family dynamic. Additionally, a court may look unfavorably upon a parent who attempts to alienate his or her children from the other parent.

Avoid arguments or hurtful comments while in the presence of your children. Remaining civil can strengthen your family in the long run, avoiding the psychological impact that accompanies divorce.

Seek Help from an Indiana Divorce Lawyer

Divorces can be complex, emotionally difficult legal matters. Navigating the divorce process can be overwhelming, especially if you have children or a large amount of assets. If you plan on filing for divorce in Indiana, you need an attorney on your side.

An Indiana divorce lawyer can help you better understand your rights and legal options, advocate for your best interests during mediation or negotiation, and represent you in the courtroom if your divorce goes to trial. As soon as you realize that divorce is imminent, contact an attorney to discuss your case.