Best Divorce Lawyers Indianapolis, IN Of 2024

• Barbara J. Baird
• Sarah T. Baker
• Carl J. Becker
• Joan E. Champagne
• Claire Emswiller
• Megan L. Gehring
• Deborah Farmer Smith
• Andrew Z. Soshnick
• Amy L. Stewart
• Michael A. Wilkins

Below is a short guide to understanding the legal procedures for filing for divorce in Indiana. Don’t hesitate to talk to one of the divorce lawyers listed above to get a detailed insight into the laws applicable to your case.

Indiana Divorce Requirements

To file for divorce in Indiana, you must fulfill the residency requirements for the state as well as the county where you are filing. You or your spouse must have lived in the state for at least six months and in the county for at least three months before either of you can file a petition.

Types of Divorce and Separation in Indiana

Once you have decided to get a divorce, you must determine the type of divorce you will file depending on the level of cooperation between you and your spouse.

• No-Fault Divorce: This can be filed in case of an irretrievable breakdown of the marriage. For a no-fault divorce, neither of the parties has to prove any wrongdoing or misconduct by the other. You can then quickly finalize your divorce if you agree to all the terms of your divorce once the waiting period is over.
• Fault-Based Divorce: There are three situations where you can seek a fault-based divorce in Indiana. They are:
  • Felony conviction after the date of marriage by either spouse
  • Impotence at the time of marriage
  • Incurable insanity that has lasted at least two years.
• Uncontested Divorce: If you and your spouse agree on all the terms of your divorce, you can file for an uncontested divorce. This way, you can quickly finalize your divorce without spending unnecessary time and money on trial or alternate dispute resolution processes. Your divorce settlement agreement is incorporated into the divorce decree after the waiting period is over.
• Contested Divorce: If you and your spouse are not on the same page about one or more terms of your divorce, it is categorized as a contested divorce. Once you file a petition for a contested divorce, you attend court proceedings where you and your spouse and the judge will determine how to resolve the issues in your case.
• Legal Separation: If you are still contemplating whether you want a divorce or not, you can file a Petition for Legal Separation in Indiana to become separated temporarily while you make your final decision. Legal separation lasts for up to one year, and you can request temporary maintenance, property possession, child custody and support, visitation rights and restraining orders during the separation period.

Child Custody, Support and Visitation in Indiana

If you cannot reach an agreement about custody, the custody of your child after divorce is determined by the judge, considering the best interest of the child.

The judge reviews several factors before assigning custody, like the parent’s wishes, the child’s wishes, their relationship with the parents and siblings and their adjustment to home and community. Non-custodial parents get reasonable visitation rights to maintain a healthy relationship with their child in most cases. The couple can decide on a visitation schedule independently, which can then be incorporated into the divorce decree.

The court may order either of the parents to pay child support depending on several factors, including financial resources of the custodial and non-custodial parents, the child’s standard of living, the child’s educational needs and the mental and physical condition of the child. Child support is typically paid until the child is 19 years old or has been emancipated.

Property Division in Indiana

If the spouses cannot agree on how to divide property, then any property acquired during the marriage is considered marital property and is divided equitably among the parties. The judge will also consider the debts incurred during the marriage while dividing the property. Either party can challenge the equal division by furnishing evidence to prove such division is not just and reasonable.

A spouse may request an order for spousal maintenance in Indiana if:

• The spouse is mentally or physically incapacitated and cannot support themselves,
• The spouse has custody of a child who is mentally or physically incapacitated or
• The spouse needs rehabilitative maintenance to enable them to become self-supporting.

The court considers several factors before finalizing spousal maintenance, including the earning capacity and education level of the couple, future training and education expenses necessary for employment and any break in education or training during the marriage due to child care or homemaking responsibilities.

Filing and Serving Your Divorce Papers

After you have decided to file for divorce, you need to submit an original Verified Petition for Dissolution of Marriage and one copy to your county clerk’s office. You can find the forms for this petition on the Indiana Self-Service Legal Center website.

After the petition is filed, you must serve the divorce papers to your spouse. You can hire law enforcement or any person above the age of 18 to serve. You can also send it through registered mail or waive the serving process entirely by having your spouse fill out a Waiver of Service Process Form in front of a notary. You can also serve the summons by publishing it in a newspaper by filling out forms available in the clerk’s office and paying the required fee.

Finalizing Your Divorce

Once the petition has been filed, you will have to wait for a period of 60 days before you can schedule the final hearing. However, if you have filed a signed written waiver of the final hearing and a statement declaring the absence of any contested issues or a settlement agreement along with your petition, the court may finalize a divorce decree without holding a hearing. You will still have to wait until the 60-day waiting period is over before the court passes your summary dissolution decree in these cases.

Otherwise, the court shall consider the evidence and enter a divorce decree or continue the matter and refer you to counseling, depending on whether the divorce is contested or uncontested.

Your lawyer can guide you through the entire divorce process and make it efficient and smooth. They can answer your legal questions, help you fill out the necessary paperwork, and draft the settlement agreement. They will make sure you are focused on the issues, your decisions are not influenced by emotions and are in the best interest of your family.

Hiring an attorney is especially vital in a contested divorce. A skilled divorce lawyer can file for temporary orders, if required, and represent your interest in court. Your lawyer can also explore alternative dispute resolution methods to help you and your spouse come to an agreement in a safe environment and save you money and time on an unnecessary and lengthy trial.

Hiring a good lawyer can make this emotionally charged time much easier for you. An experienced divorce lawyer in Indianapolis will streamline the entire process for you and keep you focused on your long-term goals at all times. Here are a few factors you should consider before choosing an attorney for your divorce:

• Referrals. If your family, friends or acquaintances have gone through a divorce, consider asking them to share their experience with their lawyers. If they are satisfied with the services of their attorney, you can get detailed insights into the lawyer’s working process and make a prudent decision based on your requirements.
• Experience. Every divorce is different, with its unique set of challenges and issues. You should always check your lawyer’s experience in dealing with the issues raised in your particular case. If they have helped clients with similar issues in the past, they will be better able to represent your interest in the proceedings.
• Fee. Divorces can be very expensive. Therefore, you should always inquire about your lawyer’s charges and projected total expenses. This way, you can make a decision based on your needs and your budgetary restrictions.

To come up with the best divorce lawyers in Indianapolis of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
  
• Special licenses and certifications
  
• Ethics and bar disciplinary measures
  
• Legal thought leadership
  
• Education and employment background
  
• Scholarly lectures and writings
  
• Awards and honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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