Divorce in Indiana | How to Win the Contested DivorcePosted by: indianaonlinedivorce | Posted on: March 20, 2019
Unfortunately, in the modern world love doesn’t last forever, as in fairy tales and not always couples can meet the same “Happy End” together. If “love” wasn’t anchored by the official seal before the state, then the gap could become less painful. Yes, naturally, a broken heart will remind of itself for a long time in bouts of sadness or anger, however, if the couple is legally married, then such a gap can lead to substantial material losses, which only add problems and painful experiences. Since at this moment a person not only loses the second half that was once close to him, but also the material component earned (very often with difficulty) and jointly acquired property. In this article, we will consider options for divorce in Indiana, when a couple cannot agree among themselves, which leads to a dispute, for the solution of which it’s necessary to turn to a third party.
Divorce or How to Survive the Division of Property Without Losing Yourself
Separation isn’t only a change in the way of life, but also numerous troubles and financial difficulties. People who are married, but whose love melted away like snow in spring, will most likely have to go through the challenges of dividing property, monetary assets, family trivia, and in many cases it becomes an essential question about whom the children will live with after the break of the parental relationship. This is a morally difficult period, during which it’s easy to lose common sense and behave unworthily, especially about a person who recently shared breakfast, lunch, and dinner with you. Also, in most cases, this process is unprofitable for both parties, because the services of lawyers, as well as divorce proceedings costs, are not cheap.
Types of Financial Difficulties and Ways to Resolve Them to Win a Divorce Case
The costs associated with the divorce process depend on the specific situation occurring in the pair. There is no certain amount or a single right way to win in court and defend one’s interests, but you can always agree and try different methods and options.
There are three categories of costs faced by almost every couple who come to the idea of divorce. This includes attorney fees, the cost of alternative dispute resolution and legal fees in Indiana state.
Let’s consider several possible options:
Both spouses are ready to dissolve the marriage. They have no minor children and no controversial issues on the division of property.
This option is one of the simplest, as the spouses are ready to disperse peacefully, and no problems should arise in the process. In this case, one spouse appeals with an affidavit, and the other spouse signs it, thereby confirming his consent to the divorce. After that, the pair is considered officially free from each other.
The presence of a controversial property.
The “family house” where the spouses lived is often subjected to an argument about who will get it, and which spouse is willing to pay more or find a way out and keep the dwelling place.
In this case, there are several options for the development of events that directly depend on the conditions in which the couple lived.
In a registered marriage the “family home” is the property where the couple lived most of the time while in a legal marriage. In case of divorce, this housing is divided in half (much less often divided into shares), regardless of whom the house belonged to before marriage. It doesn’t matter whether one of the spouses inherited this house or won the lottery, or gained it in a righteous/unrighteous way and when it happened.
In either case, the “family home” becomes a common property during the cohabitation of a registered marriage. Indiana divorce law provides for the division of such housing into equal parts between spouses.
In other words, a man who has housing and makes an offer to marry a woman, at the same time makes her a proposal to present half of his house. However, does this scheme work otherwise? If a woman had a home before the marriage, would she be considered common during the divorce? Theoretically, according to state laws, yes. However, in practice, this development option is deemed to be impossible. In America, there is case law, but there are no such cases. Men consider below their dignity to sue at the half of woman’s house.
However, such situations often arise when the husband is an immigrant, but the attempts made to appeal half of the house don’t end with success.
The property of the couple can be divided into categories:
– acquired in marriage,
– the personal property of one of the spouses;
Separation of private property may take place outside the court when the parties peacefully agree on who will own this or that item. If the issue isn’t resolved peacefully, then Indiana law provides for the mandatory presence of attorneys who will represent the interests of each spouse in court.
Conflicts are the usual thing in the family. However, the scale of these conflicts may significantly affect how the divorce process will continue in the future and which of the spouses will have more advantages.
If for any reason, the conflict has become known to neighbors or acquaintances, the trial for the perpetrator will be more difficult. If one of spouse turns to the police with a complaint about domestic violence, then no one will demand any evidence. However, the police will arrive, and the offending spouse will be arrested. In most cases, the culprit is the husband.
Depending on how aggressively the spouse behaved, punishment will follow. If he, for example, slammed the door, then he will be arrested for a few hours. But that situation will be saved in the archives of the police. Two such conditions – and the guilty spouse loses the right to claim half of the “family home.”
If the spouse behaves particularly violently, he can be arrested for up to three days with a personal record, which also reduces the judge’s loyalty.
If the wife calls the police during the divorce proceedings for her husband’s misbehavior, he will receive a Restriction order. This decides the further outcome of the development of the divorce. This order prohibits the spouse from approaching his wife, as well as to the former home, to which the wife acquires full property rights and remains to live with all former property. In this situation, the spouse is allowed to take only his items, which include personal hygiene items and clothing. In practice, ex-wives allow their former husbands to live in the basements of their old homes.
Both spouses are ready to dissolve the marriage, but there are minor children.
To dissolve a marriage in the presence of minor children, the spouses will have to go to court, even in the absence of objections to the divorce. The only way to resolve the issue with the least temporary losses is to sign a written agreement on the child’s place of residence, participation in his/her upbringing and maintenance. In this document, it’s advisable to determine the maintenance obligations.
However, from practical experience, it’s more profitable for the parties to contact a family dispute specialist to maximally reflect all the conditions that the parties define for themselves as sufficient and maximum protecting the interests of both the child and the parents by the contract.
As noted in practice, for the most part, the children stay with their mother. In rare cases, when the mother is an alcoholic, a drug addict, leads an unacceptable lifestyle, a child may be awarded 40 for 60 or 50 for 50 percent of the time alternately with both parents. In Indiana, the child’s voice is also taken into account when they reach the age of reason.
If a child tells in court that one of the parents has a way of life that prevents him from developing, studying, or completely contradicts the child’s ordinary residence in the house, the court may decide in favor of the second parent or to divide the child’s time for each of spouses as a percentage, depending on the difficulties and facts presented in court. That is, the child is left with the parent, who is often close, with whom there is a profound connection (who took care of the child). Psychologists say that it will be easier for a child to survive a divorce.
Alimony per child is paid in the state-established percentage of salary. In Indiana, this percentage is 16.
Of course, real life is not like a fairy tale, and there are no princes on a white horse or “air-tender” princesses talking to birds. Real life is full of surprises, disagreements, disputes, which very often destroy family life. In any case, in any situation, it’s necessary to maintain an adequate state and one’s humanity. The main thing is to remember who you are and that this person standing on the other side of the court table is your once beloved person. And let the feelings fade away, don’t forget about all the good things that you once had together.