Indianapolis Divorce Attorneys
Whether you’re just beginning to consider divorce or are already in the process, having experienced legal guidance can make a meaningful difference. Divorce is often emotional and complex, and it’s important to have a legal team that helps you stay focused on practical, long-term decisions. If children are involved, thoughtful planning from the outset is especially important to protect their well-being and your role in their lives.
To Fight or to Negotiate?
If you and your spouse agree on most aspects of your divorce – such as child custody, parenting time, child support, division of assets, and spousal support – we can help you formalize those terms through an uncontested divorce. This approach can save time, reduce costs, and minimize stress when both parties are willing to cooperate.
When disagreements arise or communication breaks down, we are prepared to advocate for you in a contested divorce. Our attorneys provide steady, strategic representation focused on protecting your interests and working toward a fair resolution.
About the Money
Divorce often requires untangling shared finances and planning for separate financial futures. Property such as homes, vehicles, and personal belongings must be divided, along with financial assets like retirement accounts, investments, and debts.
In some cases, spousal support may be appropriate – particularly when one spouse has been financially dependent on the other, whether due to caregiving responsibilities or supporting a partner’s education or career.
Indiana courts aim for a fair outcome in dividing property and determining support, but “fair” does not always mean equal. The outcome depends on the specific facts of each case. Our team works to ensure that your financial interests are clearly presented and thoughtfully addressed throughout the process.
Frequently Asked Questions About Divorce in Indiana
If you are considering or already involved in a divorce, it is common to have concerns. Indiana follows state-mandated procedural rules, but every case develops differently based on the issues involved. Our divorce lawyers address frequent questions below with accurate, up-to-date information.
How long does the divorce process take in Indiana?
Indiana requires couples to comply with a mandatory 60-day waiting period, which begins on the filing date, before a court can finalize a divorce. Cases involving disputed custody, complex financial issues or significant property issues often extend well beyond this statutory minimum. The timeline can extend because additional hearings or discovery may be required.
Litigation can also lengthen the process. When spouses cannot resolve essential matters, courts must review evidence before issuing final orders. The focus is on reaching durable outcomes that protect long‑term financial and family stability rather than completing the case as quickly as possible.
Is Indiana a 50/50 state when dividing property in a divorce?
No. Indiana follows an equitable distribution model rather than a community property system. This means all assets and debts fall into one marital estate under the one-pot rule.
Courts start with a presumption that an equal division is just and reasonable, but either spouse may present evidence supporting a different allocation based on statutory factors. These factors include contributions to the marriage, how property was acquired, each spouse’s economic circumstances, dissipation and earning ability.
Since property division orders are final and cannot be modified later, careful evaluation of assets, liabilities and financial records is essential before the court enters a decree.
Do I need to prove “fault” to get a divorce in Indianapolis?
No. Indiana permits no-fault divorce based on the irretrievable breakdown of the marriage. Neither spouse needs to prove misconduct to obtain a marriage dissolution. However, Indiana recognizes limited fault grounds such as felony conviction after marriage, impotence at the time of marriage and incurable insanity lasting at least two years, but these are rarely used.
While fault is not required, harmful conduct can influence custody, parenting time or financial decisions if it affects fairness or a child’s best interests. We can guide you through issues that may arise during your Indiana divorce, prioritizing the best possible outcome.
An attorney at Schembs Law can help answer any of your questions about divorce in Indiana.
Guidance When You Need It Most
Divorce is a significant life transition. Having a knowledgeable legal team can help you move forward with clarity and confidence. At Schembs Law, we guide clients through each stage of the process with practical advice and strong advocacy.
Schedule a consultation with our Indianapolis office to discuss your situation and next steps. Call 317-643-6266 or contact us online. We represent clients in Indianapolis and throughout Indiana in divorce and related family law matters.