Indiana Divorce Lawyers
Protecting Your Children, Property, and Financial Future Through Divorce.
Divorce ends a marriage, a household, and a financial partnership. Custom Law helps clients understand when to negotiate, when to litigate, and how Indiana law affects property, maintenance, custody, parenting time, and support.
Filing for Divorce in Indiana
Indiana is a no-fault state. A petition may allege an irretrievable breakdown without proving infidelity or abandonment. Other statutory grounds identified by the source include a felony conviction, impotence existing when the marriage began, or incurable insanity lasting at least two years.
Residency and Timing
- Either spouse generally must have lived or been stationed in Indiana for at least six months.
- Either spouse generally must have lived in the filing county for at least three months.
- Indiana imposes a 60-day waiting period after filing before a final hearing may be requested.
A simple agreed case may conclude within months. A contested case involving children, property, businesses, retirement, debt, or support may take a year or longer.
Ways to Resolve the Case
Spouses may negotiate privately, participate in attorney settlement conferences, use mediation, or ask the court to decide unresolved issues. Some cases are agreed in part and contested in part.
Property Division and Spousal Maintenance
Under Indiana’s one-pot approach and Indiana Code §31-15-7-4, property owned before or during marriage and marital debt enter the estate. Section 31-15-7-5 presumes an equal division is just and reasonable, but the result is not automatically a literal 50/50 split.
The court may consider contributions, premarital property, current income, earning capacity, and tax consequences under §31-15-7-7. The estate may include the home, savings, investments, retirement benefits, loans, and credit-card debt.
Maintenance
Under §31-15-7-2, maintenance may be considered when a spouse is incapacitated, cares for an incapacitated child, interrupted education or employment for the family, or faces substantial differences in education and earning capacity. Rehabilitative maintenance may be ordered for up to three years after finalization.
Children, Separation, and Final Orders
Parents may create their own parenting plan. If they cannot agree, custody and parenting time are determined under Indiana Code §31-17-2 according to the child’s best interests. Child support under §31-16-6 uses adjusted weekly income, guideline schedules, and parenting-time credits.
Indiana also permits legal separation under §31-15-3. The court may enter temporary or separation orders involving property, maintenance, custody, and support while the parties remain married. A formal legal separation may last up to one year.
Before signing a settlement, each spouse should understand the effect on parenting, property, retirement, taxes, debt, support, and the ability to modify terms later.
Focused on What Matters Most
What to Expect from Custom Law
Family matters require practical advice, careful preparation, and an understanding of how today’s decisions will affect children, finances, and relationships later. We develop a strategy around your objectives while preparing for negotiation, mediation, or court.
Individual Strategy
Your family, priorities, and risks shape the plan rather than a standard form or one-size-fits-all approach.
Candid Guidance
We explain realistic options, likely tradeoffs, and the information needed to make informed decisions.
Negotiation and Trial Readiness
We seek workable agreements while preparing the evidence and arguments needed when court becomes necessary.
Client Reviews
What Our Clients Say
Going through a divorce was the hardest thing I've done, but they protected me and my kids every step of the way. Compassionate and relentless in the courtroom.
Sarah M.
They took the time to explain everything and never made me feel like just another case number. The outcome exceeded my expectations.
Ashley P.