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Indianapolis Divorce Attorneys

Resolving Divorce Matters with Strength and Clarity

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Divorce

1B+

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Why Choose CohenMalad, LLP for Your Divorce?

Divorce can be one of the most stressful and emotionally charged experiences you can go through. Beyond the emotional toll, there are critical legal and financial decisions that will significantly impact your future. 

At CohenMalad, LLP, we approach each divorce case with sensitivity and a deep understanding of the complexities involved. Our attorneys provide personalized attention and prioritize clear communication, recognizing that every divorce is unique. 

With resolving hundreds of divorce cases over the decades to the satisfaction of our clients, we have a proven track record of successfully handling a wide range of divorce cases, including those involving complex property divisions, child custody disputes, and substantial assets. Our goal is to help you achieve a fair and equitable resolution, allowing you to move forward with confidence.

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Key Issues We Address in Indiana Divorces

Several key topics are typically considered and resolved during the divorce process, including:

  • Child Custody and Parenting Time

    Child Custody and Parenting Time

    When children are involved, determining custody and parenting time arrangements is paramount. The court's primary concern is the best interests of the child. 

    Legal custody refers to the decision-making authority regarding the child's upbringing, including education, healthcare, and religious upbringing. Physical custody determines where the child primarily resides. 

    Parenting time schedules outline the specific times each parent spends with the child, including overnight visits, holidays, and vacations. Indiana courts encourage parents to create a parenting plan that promotes a stable and nurturing environment for the child.

  • Child Support

    Child Support

    Child support is designed to ensure that both parents contribute financially to the child's upbringing. Indiana has established guidelines for calculating child support based on each parent's income and the number of children. These guidelines consider the child's needs, including healthcare, education, and childcare expenses.

  • Property and Debt Division

    Property and Debt Division

    Indiana follows the principle of equitable distribution for dividing marital property and debts. This means that assets and liabilities acquired during the marriage are divided fairly between the spouses. 

    While equitable distribution does not necessarily mean a 50/50 split, the court strives for a just and reasonable division considering various factors, including each spouse's contributions to the marriage, their earning potential, and their overall financial circumstances.

  • Name Changes After Divorce

    Name Changes After Divorce

    If you wish to resume using your maiden name or a previous married name after the divorce, you can request this as part of the divorce proceedings. The court will typically grant this request unless there is a valid reason to deny it, such as potential fraud or harm to the children.

Divorce Laws in Indiana: No-Fault and Residency Requirements

Indiana law governs the specific procedures and requirements for dissolving a marriage. Familiarizing yourself with these fundamental aspects is essential for anyone contemplating divorce in Indiana.

  • Indiana's No-Fault Divorce Law

    Indiana is a "no-fault" divorce state. This means that if the marriage breaks down irretrievably, neither spouse is required to prove fault or misconduct on the part of the other spouse to obtain a divorce.

    This no-fault system simplifies the divorce process and allows couples to focus on resolving important issues like property division, child custody, and support rather than engaging in potentially damaging accusations and blame. It can create a more amicable environment for negotiation and settlement.

  • Residency Requirements for Divorce in Indiana

    Certain residency requirements must be met before you can file for divorce in Indiana. At least one spouse must be a resident of Indiana for at least six months immediately preceding the filing of the divorce petition.

    Additionally, the person filing for divorce must reside in the county where the divorce petition is filed for at least three months before filing. This establishes the proper jurisdiction for the Indiana court to handle your divorce case.

Do I Need an Indianapolis Divorce Attorney?

Even in seemingly simple or uncontested divorces, having an attorney can be invaluable. An experienced Indianapolis divorce lawyer can advise you on your rights and obligations related to property division, child custody, child support, spousal maintenance (alimony), and other critical matters. They can help you navigate the legal process efficiently and avoid costly mistakes.

How an Indianapolis Divorce Lawyer Can Help

An experienced Indianapolis divorce attorney can provide a range of essential services, including:

  • Providing comprehensive legal advice on Indiana divorce laws and procedures.
  • Drafting and filing all necessary court documents, ensuring accuracy and compliance with legal requirements.
  • Representing you skillfully in court hearings and trials if litigation becomes necessary.
  • Protecting your parental rights and advocating for your child's best interests in custody and support matters.
  • Negotiating a fair and just division of marital assets, including real estate, retirement accounts, and personal property.
  • Addressing complex issues, such as business valuations, hidden assets, and high-net-worth divorce matters.

In addition to the legal steps your lawyer can handle on your behalf, they can provide support and guidance during a challenging and emotional time.

Take the First Step Toward Resolution

Are you facing a divorce? Contact CohenMalad, LLP, today for a free consultation. Our experienced, respected team of divorce attorneys will provide compassionate guidance and protect your interests. Let us help you navigate this challenging time and build a brighter future.

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(317) 636-6481

Meet Our Team

At CohenMalad, LLP, our Indianapolis divorce attorneys bring a wealth of experience and a compassionate approach to every case. We understand that divorce is a deeply personal and often challenging experience, and we are dedicated to providing our clients with the individualized attention and skilled legal guidance they need to navigate this difficult transition. 

Our team has handled a diverse range of cases in Indiana, from uncontested divorces to complex, high-asset divorces requiring sophisticated legal strategies. We are committed to protecting your rights and interests through negotiation, mediation, or litigation.

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Brian K. Zoeller
Partner & Chair

Brian K. Zoeller

Brian’s Attorney Profile
Julie M. Andrews
Partner

Julie M. Andrews

Julie’s Attorney Profile
Tara L. Cragen
Attorney

Tara L. Cragen

Tara’s Attorney Profile

Frequently Asked Questions About Divorce in Indiana

  • What is the difference between legal separation and divorce in Indiana?

    Legal separation is a formal court order that addresses issues like child custody, support, and property division while the couple remains legally married. It allows couples to live separately and resolve key issues without formally ending the marriage.

    Divorce, on the other hand, legally dissolves the marriage, allowing both parties to remarry. Sometimes, couples choose legal separation for religious reasons, to maintain health insurance benefits, or to explore reconciliation before pursuing a divorce.

  • Is mediation required in Indiana divorces?

    While mediation isn't always mandatory, Indiana courts encourage it, especially in cases involving children. Mediation involves a neutral third party who helps facilitate communication and negotiation between the divorcing spouses. It can be cost-effective and less adversarial to reach agreements on key issues.

    Even if mediation doesn't fully resolve all issues, it can significantly narrow the areas of disagreement and streamline the overall divorce process.

  • What happens if my spouse doesn't respond to the divorce petition?

    If your spouse fails to respond to the divorce petition within the required timeframe (typically 30 days), you can request the court to enter a default order. This means the court can proceed with the divorce based on the information you provided in your petition.

    While this might seem like a quick solution, ensuring all your information is accurate and reflects your desired outcome is essential, as your spouse won't have the opportunity to contest it.

  • Can I modify a divorce decree after it's finalized?

    Yes, certain aspects of a divorce decree can be modified after it's finalized. Common modifications include child custody arrangements, child support amounts, and parenting time schedules.

    Modifications typically require a significant change in circumstances, such as a job loss, relocation, or a change in the child's needs. The court will always prioritize the best interests of the child when considering modifications.

  • What are the tax implications of divorce in Indiana?

    Divorce can have significant tax implications, including changes in filing status, deductions, exemptions, and the tax treatment of property division. For instance, spousal maintenance (alimony) is generally taxable to the recipient and deductible by the payer, while property division is typically not considered a taxable event.

    Consulting with a tax advisor or a divorce attorney with experience in handling tax-related divorce matters can help you understand the potential implications and plan accordingly.

Contact CohenMalad, LLP Today

Our team of experienced and compassionate Indianapolis divorce attorneys is ready to provide you with the personalized legal guidance and dedicated advocacy you need during this challenging transition. We are here to help you protect your rights and secure a brighter future.

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