Fort Wayne Divorce Lawyers Help You Move On
Providing practical representation for your dissolution of marriage
The length, cost and complexity of divorce proceedings depend greatly upon the parties involved. When divorcing spouses are willing to work together to resolve their issues in a constructive manner, the process, while still emotionally challenging, can be streamlined in both duration and cost. However, when the parties are unwilling or unable to work together, a litigated divorce, along with attendant delays and costs, may be unavoidable. Our chief goal at Shilts & Setlak, LLC is to help our clients achieve an amicable divorce or family law settlement so they can move on with their lives. However, we recognize that we cannot always persuade an intractable opposing spouse to cooperate. When litigation is necessary, our attorneys effectively and efficiently pursue your case in court.
When you file for divorce in Indiana, you must prove you are a resident of the state and that your marriage is irretrievably broken. Indiana’s residency requirements stipulate that at least one spouse must reside in Indiana or have been stationed at an Indiana military base for at least six months. Moreover, a spouse seeking divorce must file in the county where one of the spouses lived for at least three months.
Indiana is a “no-fault” state, meaning all that is required as grounds for a divorce is that the parties have suffered an irretrievable breakdown of their marriage. Other than simply pleading that this breakdown exists, no other proof is required.
Issues you must resolve during divorce
In most cases, you can easily establish the legal grounds for your divorce.. Disputes usually arise in trying to decide issues such as property distribution and child custody. When the parties are able to settle these issues by written agreement, a summary divorce may be possible after 60 days from the date of filing. Reaching such an agreement through straight negotiation or mediation can greatly expedite the divorce process. However, the agreement is still subject to court approval and must meet minimum legal requirements for issues such as custody and child support.
Divorce vs. Legal Separation
Indiana law creates a cause of action for legal separation that is separate and distinct from divorce. Legal separation allows spouses to separate their affairs and provide for support and child custody without actually dissolving the marriage. A court may grant legal separation when it finds that the conditions of the marriage make it intolerable for the parties to continue living together but reasons exist for the marriage to be maintained. Spouses cannot file for legal separation after having initiated a cause of action for divorce. They can, however, convert a pending cause of action for legal separation to one for the dissolution of marriage.
Contact a Fort Wayne law firm providing comprehensive and caring divorce representation
Spouses considering divorce in Indiana have several options. Planning ahead and working with the other spouse can greatly expedite the process. The attorneys at Shilts & Setlak, LLC can work with you through every step of the process to help you identify the issues that are important to you.