Suppose that the couple came to an agreement on the impending dissolution of the marriage and are fully satisfied with its conditions. Nevertheless, it is not enough to have an understanding. The divorce case must be conducted through the courts. The family law reflects the idea of the sanctity of marriage, in particular, the inadmissibility of frivolous marriages and divorces. Let’s look closer at Indiana divorce laws.
Despite some differences between the laws of different states of the country, the general pattern of divorce is the same everywhere. First of all, the petitioner of divorce is obliged to present valid reasons for this in his application to the court to bring and explain the facts that would have caused the dissolution of the marriage. After that, the recipient will receive a notice of the beginning of the divorce process. Difficulties arise if the address of the defendant is unknown. And in this case, the order of notification may vary in different states. In Indiana, for example, they want to place an ad in a newspaper.
If the answer does not go to court within the prescribed period, the court automatically concludes from this that the opposing party does not dispute the conditions of the divorce. But even in this case, the other spouse reserves the right to make a counterclaim if he has his grounds for divorce. The counterclaim is allowed, instead, to allow each spouse to obtain a divorce on favorable properties.
The parties may resolve conflict issues peacefully, without the participation of the court. Such a path is always desirable since it allows you to avoid additional costs and time. Attempting a peaceful resolution of a dispute, for example, about the division of property, is also welcomed by the court itself. If such an agreement is reached, its text is submitted to the court for consideration at a special hearing. The judge will ask the participants a series of questions to ensure that the agreement is voluntary and that the parties accept its terms. By and large, the judge is concerned, for example, not so much by the deal that you are transferred (or, conversely, not transferred) to any real estate, but that your decision is not dictated by pressure from the other side.
Very often people ask if they can get alimony during a divorce in Indiana. First of all, find out what maintenance is?
These are cash payments from one of the former spouses to another to maintain his financial condition. Alimony is like an expression of financial obligations taken upon entering into a marriage union. In previous times, for example, during a divorce, a husband was always obliged by law to pay alimony to his wife. It happened since he brought income to the house, while his wife kept the household. But in recent decades, spouse employment and the relevant legal provisions have changed, and, according to the laws of most states, alimony can be awarded to both the wife and husband. Also, maintenance cannot be awarded for the rest of his life, but only for a certain period after the divorce. Such support, for example, will help the former spouse to get a profession, which, in turn, will give him (or her) the opportunity to feed themselves.
It should be noted that in Indiana, the court awards alimony in sporadic cases. It happens when the spouse has been married for more than five years or if the spouse has a disability that does not allow him to work. Also, it may happen if the spouse cannot find a job for reasons of age and health (when the spouse has not worked for many years because of this, uncompetitive to find a job), or by agreement of the spouses.
The period of receipt of alimony, appointed by the court, may be short, for example, one year. But it can also be much longer: let’s say ten years. The term will depend on what kind of education you will need to receive, on the market demand for your professional skills, on your responsibilities for caring for minor children and other factors. If you did not manage to find a job by the end of the allotment payment, you could apply to the court to extend this period, but you will need to show a good reason for which you could not find the means to exist.
If the former spouse, receiving alimony, enters a new marriage, the payment of maintenance, as a rule, is terminated, since it is assumed that they are no longer necessary due to new financial circumstances. Also, the obligation to pay child support can be suspended if the recipient spouse lives with another person.
In general, among the factors affecting the amount are taken into account the following: age and health of both parties, the duration of marriage, the ability of both spouses to feed themselves, the degree of responsibility to minor children, the income of the head of the family and the lifestyle of the family during the marriage. Alimony should provide the former spouse about the same standard of living to which this party has become accustomed during the marriage.
If the judge is satisfied with the transaction reached, he approves it and then issues a court decision on divorce. In the context of the above, you should know that a judge may refuse to grant a divorce even if both spouses agree if he concludes that there are no valid initial reasons for the separation or, for example, if neither spouse is a resident of this state.
If the spouses failed to reach a compromise, then there will be a trial, the outcome of which will be determined by the judge. Jurors are very rarely brought to such cases.
A lawyer for the conduct of divorce proceedings is not obligatory. However, it is always preferable in cases of divorce, as it is more aware of the rights of the client in this situation. Often people are driven by the desire to complete such a difficult and unpleasant event as divorce as soon as possible. But even in this case, it is necessary, at least, to consult with a lawyer. Subsequently, when the emotions recede into the background, you may regret not having done so, especially if the divorce left you with no means you could claim.
The method of distribution of property of former spouses
All items of any value constitute property. The feature is a house, furniture (including carpets and lamps), home appliances, works of art, vehicles (such as a car, bicycle or boat), money (in a bank account), stocks, bonds and other securities, a pension. And retirement accounts, a company, etc. Usually, the essential part of the property is real estate: land and buildings on it. If you own a home, then your home is real estate, and everything that is separable from real estate belongs to the personal property. For example, the furniture in the house is private property.
Indians state have adopted an equity distribution system, according to which property acquired by spouses during the marriage is the joint property of both. The concept of justice, however, does not necessarily imply a division precisely in half. Instead, it is based on taking into account all aspects of marriage, such as its duration, age and health status of spouses, their ability to financially secure their future, responsibility to minor children, etc. The court will take into account these circumstances when deciding on the division of property upon divorce. As for the division of property acquired during the period of matrimony, strictly in half, then such a system is adopted in nine states, including California and Indiana.
Also, people may have personal gifts and inheritances received during the marriage, if you take care of their separate content. For example, if you inherited 10 thousand dollars and put them on a separate personal account, then this money belongs only to you. On the other hand, if you put this amount on a joint matrimonial account, then, in all likelihood, it will be divided as a collective property upon divorce.
Usually, the conditions of the division of property are recorded in the agreement concluded at the registration of the divorce. The spouses themselves can draw up this agreement, but it is much safer to seek help from a lawyer who will check whether all the essential details have been taken into account and will ensure that you achieve the most significant possible part of the dividend property. This agreement can then be approved in court.
All in all, the divorce process is really hard in Indiana, however, if you are prepared in advance, everything will be good!