A dissolution of marriage can be a stressful process to navigate. The law is complex and filled with nuance. It is not just the legal process that is exasperating; it is the divorce itself, which likely involves dividing one household into two, changing schedules, coping with monetary disputes, and realizing your whole life is about to change but wanting to keep it as stable as possible for the children.
Every day we talk to clients who thought they could handle the process without an attorney. They tell us both parties were in agreement about everything. They did not plan on fighting it out in court. Almost always, inevitably, the process takes a turn for the worse. Indiana family law is a specialized area of law. Sure, the parties could spend hours and hours reading family code, but the law is ever-changing and complicated to understand. In fact, just last year several new changes took effect relating to family law. Those included amendments to child support, relocation rules, and parenting time. Our attorneys stay up to date on all the laws that could affect the outcome of your case.
Many parties going through a dissolution of marriage believe Indiana is a community property state. Their plan is to divide the property 50/50 and be done. However, Indiana is not a community property state; it is an equitable distribution state. Therefore, you may be entitled to more than 50% of the marital property. An attorney can help you divide the property in a just and reasonable manner so you end up with what you deserve. Do not be convinced to settle for less.
Even if you and your spouse are determined to avoid battling it out in court, which is a noble effort, having an experienced attorney draft and review any potential stipulations between the parties is important. The judge will closely scrutinize any agreement, especially as it relates to the custody of the children. Division of retirement accounts can be tricky, as well. Perhaps you believe that any retirement savings you earned before the marriage will automatically be yours. This is not necessarily the case in Indiana. Parties often run into questions regarding the challenges of valuating IRAs, pensions, or 401(k)s. Your attorney will walk you through the steps of equitably dividing retirement accounts and drafting a Qualified Domestic Relations Order (QDRO), if necessary. Trying to handle these complicated legal issues on your own can often result in expensive legal battles down the line.
If you are planning on filing for divorce or even if you have already started the court process, give us a call today. We have experienced divorce attorneys in Indiana ready to fight for you. Even if your case has already begun, we can help you navigate the complex legal system to ensure the best possible outcome for you and your children. Pick up the phone today or visit www.mccrea-mccrea.com. Let us take some of the burden off your shoulders.