Choosing to divorce a spouse is one of the most difficult and emotionally charged decisions a person can make. Even when amicable and agreed upon by both parties, it can be very complicated to untangle two lives after a marriage ends. That’s true both relationally and legally. These emotions and potential complications can make it difficult to decide whether or not you want to seek a divorce attorney.
In the state of Indiana, having support from a skilled lawyer can help to navigate and even minimize the emotional burden of filing for divorce. Zentz & Roberts, P.C. are your experienced family law and divorce legal team here to tell you why you should not file for divorce in Indiana without a lawyer.
Understanding No-Fault vs. Fault-Based Divorce Filings
The state of Indiana allows for both no-fault and fault-based divorce filings. Every state requires you to select a reason, or legal “grounds”, for divorcing. No-fault filings do not require an individual to select a specific reason or prove a spouse’s responsibility for the marriage ending. Instead, the grounds for divorce may simply be “irreconcilable differences” or “irretrievable breakdown of the marriage” to say that the marriage can not be salvaged.
In contrast, fault-based divorce filings involve proving that the other party is responsible for the breakdown of the marriage.
Only specific at-fault situations are recognized in Indiana and include:
- A spouse is convicted of a felony after the date of marriage
- A spouse was impotent at the time of marriage
- A spouse is considered “incurably insane” for at least two years
Infidelity is not considered grounds for fault-based divorces but may be considered during litigation if a spouse spent assets to support an extra-marital affair.
Fault-based filings can carry an additional emotional charge compared to not-fault filings. However, in some cases, they may be the most appropriate approach. Or you may feel your partner has contributed to the breakdown of the marriage but do not see your situation listed as grounds for a fault-based divorce. Partnering with a skilled attorney can help you wade through your unique situation to understand which path is best for your relationship situation and how various evidence may still support your litigation needs.
Not Having a Lawyer Can Cost You More
Sometimes couples or individuals hesitate to seek legal support during a divorce because of the financial cost. However, not having a lawyer by your side can cost you more, especially when considering potential opportunity costs. No divorce is the same as another.
Experienced divorce attorneys can help you understand and thoroughly consider what you may be legally entitled to, including:
- Spousal support or maintenance
- Child support
- Dividing assets
- Dividing debts
Even if you and your spouse have discussed some of these divisions or potential financial support, having a lawyer review the agreement can ensure its enforceability and help you consider the long-term effects, if any, of the arrangement.
Aside from finances, working with a skilled divorce lawyer will save you immeasurable amounts of time and emotional costs.
Even a smooth divorce process includes numerous painstaking and time-consuming steps:
- Filing the forms
- Serving the forms
- 60-day waiting period before a final dissolution decree may be entered
- Provisional hearing where both spouses share their initial agreements or sides of the divorce
- Discovery process where each spouse has the opportunity to request documents and information from the other spouse as it relates to the children or marital estate
- Additional hearings to smooth out any disagreements or judge concerns
- Finalize the divorce with a judge signing off on the terms at the court
Instead of spending hours pouring through legal paperwork, resources, or policies when filing for divorce or dealing with litigation, your trusted legal team can take on that burden to save you time, money, and stress.
Dissolution agreements cannot be modified unless both parties agree. So if you find yourself regretting the agreement after it has been approved by the court, you will not be able to modify the terms except for those relating to children (custody, parenting time, child support).
When You Should Seek Legal Advice
When filing for divorce, there are a few situations that can be particularly complicated or difficult to navigate. In those instances, you should especially consider connecting with an experienced attorney to walk you through those legal processes and considerations.
Some examples include:
- Having children under the age of 18
- Owning a business together
- One of you is a member of the armed forces
- Your total assets are greater than $30,000
- There is a bankruptcy or total debts greater than $15,000
- A marriage that lasted longer than 1 to 2 years
- Abusive behaviors or addiction have existed in the marriage
- A history of mistrust or inconsistent behavior regarding your spouse
Even when you and your current spouse agree to the divorce terms, accurately and fairly dividing assets and debts and determining spousal or child support takes a lot of intricate calculations and considerations. And often, a divorce occurs because a couple has difficulty coming to such agreements (big or small). No matter what your circumstances are, having a divorce attorney review your agreement can help to ensure that you and your family are protected.
Your Indiana Divorce and Family Law Advocates
Even in the most harmonious of separations, divorce takes an emotional toll. There are several costs and resources to consider and several legal hoops to jump through. Each is difficult on its own, even more so with a partner with whom you struggle to communicate or agree.
Zentz & Roberts are your Indiana family law advocates with years of experience helping clients walk through their divorce proceedings. Our team is passionate about serving you and your family by finding the resolution you deserve.
Contact us today at 317-220-6056 to learn how our divorce lawyers can help you.