FAMILY LAW

Gavel

Divorce is “the pits,” as someone once told me. Emotional heartache and economic hardship almost always ensue, even when you want it and even more when you need it. If you and your spouse – whatever your feelings – both approach the problem with a practical, do-the-right-thing manner, and want assistance with the process, then I can help.

Anyone contemplating a big fight over the divorce should know this. The State of Indiana takes marriage seriously, so seriously, that when a married couple part ways, the State of Indiana will oversee the dissolution. The State of Indiana says that when its citizens are divorced, the spouses will share the property of the marriage equally, including vested pension rights, real property, bank accounts, insurance – everything. The State of Indiana also prescribes strict guidelines for the payment of child support. See the link below. And if one spouse has a disproportionate share of the income, then the “rich” spouse will be required to pay the attorney fees of the other spouse even while the case is pending.

And here’s some more information not found in the statute books: judges hate making decisions in contested divorce cases, especially contested child custody cases. So the first thing the judge will nose out is which one of you is the obnoxious idiot. Of course, that won’t make any difference in how she rules, right?

Just bear this in mind: when both parties participate in a negotiated settlement – whether by themselves or with help from a mediator or lawyer – they control their own destiny. If you leave it up to the judge, then you lose control.

Here’s a link to the Indiana Supreme Court’s self service form section. You can browse through the forms and rules for uncontested cases with and without children and contested cases with and without children.

© 2011 David DuMond

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