Frequently Asked Questions About Divorce
When clients come to our family law firm for help, they often have many questions about their divorce, or the family law issues they are experiencing. In order to provide a broad view of concepts and some general information for you to use as a starting point, we have compiled the following list of FAQs:
1. Do you offer free consultations?
We offer something better-designed: a complimentary intake assessment with one of our experienced paralegals. Here’s why. In a hard season, what most people need first isn’t a sales pitch. It’s a calm, knowledgeable human who will truly listen. Your intake assessment is exactly that: a casual (but important) conversation where we learn about your situation, walk you through what to expect procedurally, and determine together whether HLG is the right fit for your specific circumstances, needs, and desired outcomes. And from that first conversation, through every stage of your case, our promise stays the same: unwavering support, confusion transformed into clarity, and the confidence to take the next right step, all before ever paying for attorney time. Scheduling is easy. Call 317-DIVORCE (317-348-6723), where our phones are answered by real humans 24/7. You can also email [email protected] or book online at 317divorce.com. We look forward to the opportunity to earn your trust.
2. Can I reach you outside normal business hours?
Yes. Our phones are answered by real humans, 24 hours a day, 7 days a week. Divorce worries don’t keep business hours, and some of the most important calls we receive happen late at night, when the house is finally quiet. Call 317-DIVORCE (317-348-6723) any time, day or night, and a caring person will listen and help you schedule your complimentary intake assessment. Our Carmel office meets with clients on weekdays and by appointment, but you never have to wait until morning to take the first step.
3. Where is Hollingsworth Law Group located, and what areas do you serve?
We’re located in the heart of downtown Carmel at 230 N. Rangeline Rd, Carmel, IN 46032. We primarily serve Carmel and our Hamilton County neighbors (Fishers, Noblesville, and Westfield), along with Indianapolis and Marion County. We also serve the “donut counties” of greater Central Indiana, including Boone County (Zionsville, Lebanon, Whitestown), Hendricks County (Plainfield, Avon, Brownsburg, Danville), Morgan County (Martinsville, Mooresville), Johnson County (Greenwood, Franklin, Whiteland), Shelby County (Shelbyville), and Hancock County (Greenfield, McCordsville, New Palestine). And truly, we serve the entire state of Indiana, with a significant client base in Bloomington. We will go to the far ends of our Hoosier State for our clients, and virtual appointments put thoughtful representation within reach wherever you call home.
4. What areas of law does the firm handle?
Family law is the heart and soul of everything we do, and divorce is our signature. It’s literally in our name (and our phone number, 317-DIVORCE). We guide clients through divorce and dissolution (collaborative, mediated, uncontested, and litigated when necessary), child custody and parenting time, child support, spousal maintenance, property and asset division (including high-asset and business-owner divorces), prenuptial and postnuptial agreements and disputes, paternity, adoptions, guardianships, grandparent rights, relocation, post-decree modifications, contempt and enforcement, divorce and family law appeals, protective orders, same-sex divorce and LGBTQ+ family law, and cohabitation agreements for unmarried couples. Because divorce and family law issues are so deeply personal, they often go hand in hand with other needs. At HLG, we are experienced in creating and updating wills, trusts, and estate plans for your next chapter, and we defend clients facing OWI/DUI and misdemeanor charges when a hard season brings them. One team, already intimately familiar with your story, available to help you navigate most issues that impact your family.
5. How much does a divorce cost in Indiana?
The honest answer is that it depends, and anyone who quotes you a number before knowing your story is guessing. The real drivers of cost are complexity (children, businesses, significant assets, and the transparency and complexity of income structures) and, above all, conflict. The more you and your spouse can resolve amicably, the less your divorce costs, in every sense of the word (not just financially, but emotionally and relationally, too). That’s one of the reasons we lead with the respectful, compassionate path. We bill our time hourly and record it in tenths of an hour (many firms bill in quarter-hour increments). We also work as a team, offering a blended rate across attorneys, paralegals, legal assistants, and divorce coaches. That structure puts the right person on each task at the right rate, which gives you more complete, responsive support and saves you money, all while serving you with excellence and genuine care. Most cases require an initial retainer of at least $5,000, and some require more, depending on the complexity of the case and what’s at stake. In rare and unique circumstances, a smaller retainer may be possible. Either way, we’re completely transparent about our fees from the very first conversation; you will never be surprised by how our billing works. We’re intentional about the matters we take on, so every client gets thoughtful, strategic attention. The best way to understand what your situation involves is a complimentary intake assessment, with no cost, no pressure, no obligation, and real answers.
6. Do I have to go to court to get divorced?
Absolutely not! In Indiana, divorce and family law matters are often resolved without the clients ever speaking to a judge or stepping foot into a courtroom. Final, detailed agreements can simply be submitted to the court for approval, with no hearing required. Reducing conflict and reaching amicable resolution is the heart of our firm’s philosophy, “Divorce Done Differently,” and from our very first interaction, we strategically work to resolve cases through negotiation, settlement conferences, mediation, or the collaborative process. That’s not a small thing. Courtrooms are public, expensive, and adversarial by design, and keeping your family out of them protects your privacy, your finances, and your peace. Sometimes, despite our best efforts, circumstances do not allow for amicable resolution. When that happens, we are experienced litigators who are ready and willing to fight hard for you in court.
7. What is collaborative divorce?
Collaborative divorce, sometimes called collaborative law, is a structured way to end a marriage without ever stepping into a courtroom. You and your spouse each have your own attorney, and everyone signs a commitment to resolve everything through respectful, good-faith meetings instead of litigation. Neutral professionals, including financial advisers and mental health professionals, can also join the team to help reach resolution (this often happens, though it isn’t required). Here’s what that actually means for you. Far more of your life stays private. A final agreement is still filed with the court, but it contains substantially fewer details than a litigated case, and you control what goes into it, rather than having every detail of your story aired in open court, potentially transcribed, and made part of the record. Your children are shielded from conflict instead of caught in the middle of it. And the two of you decide the shape of your future, not a judge who met you an hour ago. Kena Hollingsworth and Jenna Heavner are both trained collaborative divorce professionals. Just as importantly, every attorney at HLG approaches divorce with a collaborative mindset, always working toward amicable resolution outside of court. So whether or not you and your spouse decide to formally sign a collaborative divorce agreement, you get the collaborative philosophy either way; it’s simply how we practice. The formal collaborative process is a wonderful fit for some families and not for others, and we’ll help you honestly weigh whether it’s right for you. Reducing conflict is quite literally why “Divorce Done Differently” is our promise and not just our motto.
8. What is divorce mediation?
Mediation for divorce and family law cases is a confidential, out-of-court process where a neutral, specially trained mediator works as a “go-between” to help you and your spouse reach a complete agreement on the specific issues of your case. This includes everything from property division to custody, parenting time and child support. If it matters to you, it’s on the table. The mediator doesn’t take sides and has no power to decide anything for you. Their job is to guide the conversation so the two of you can find solutions you can both actually live with. Parties may attend mediation without attorneys present, but we recommend having legal counsel to prepare you and advise you during the mediation process. As a general rule, parties (together with their attorneys) are not in the same room. Each client is with his/her attorney, kept separate from the other side to ease any unnecessary stress, fear or anxiety. The mediator goes between the rooms, working with each side individually to resolve each party’s concerns. If the parties reach an agreement at mediation, that agreement is binding and is filed with the court, becoming a court order. Mediations can be in person (which we personally believe is most effective, when possible), but they can also occur virtually (via Zoom, etc.). There are countless benefits to mediation. Families choose mediation because it’s typically faster, far more affordable, and infinitely more peaceful than a courtroom battle. It prevents further deterioration of the changing family dynamic, and sets parties up for more amicable relationships long-term. In cases involving children, mediation is arguably even more important as it helps to protect and preserve co-parenting relationships for many years to come. (Just remember: if you have children, you will be in each other’s lives forever, not just until they turn 18. You’ll both be there for weddings and grandchildren, then your grandchildren’s special moments, for the rest of your life. When you think of it that way, resolving cases out of court becomes even MORE important.) In our experience, agreements people create themselves tend to hold up far better than orders imposed on them by the court. Mediation also allows parties to “control their own destiny” by making concessions they can live with versus leaving their futures (and the futures of their children) up to a judge who has precious little time to hear even a fraction of their story. Kena Hollingsworth and her partner, Jenna Heavner, are both trained family law mediators, and that settlement-first mindset runs through everything we do at HLG. Whether you need a mediator for your case or an attorney to prepare you to walk into mediation poised with confidence, we are here to help.
9. How is child custody decided in Indiana?
In Indiana, custody is decided by one standard above all, the best interests of the child. From there, courts consider the enumerated statutory factors found in Title 31 of the Indiana Code, including each parent’s relationship with the child, the child’s adjustment to home, school, and community, the mental and physical health of everyone involved, and the child’s own wishes, with more weight given once a child is 14 or older. Courts may also consider anything else that genuinely speaks to a child’s best interests. In our experience, the family’s history can also influence a judge. If one parent has played a more primary role in the children’s daily lives, that may carry weight alongside everything else. Judges also pay close attention to anything that creates unsafety or dysregulation for a child, including troubling traits a parent shows (or develops under the stress of divorce), and courts are increasingly attuned to one parent’s efforts to alienate the children from the other. Every judge is different, but this is not a free-for-all; the best-interests standard leads and the statutory factors follow. Importantly, Indiana law does not favor mothers over fathers; both parents start on equal footing. Parents can also reach their own custody agreement, and when it’s healthy for the kids, we encourage exactly that. Children do best when their parents choose cooperation. Whatever your situation, our approach never changes. We advocate fiercely for you, but never at a child’s expense. Their wellbeing leads every decision we make.
10. Do you represent men in divorce and custody cases?
Absolutely. We understand why people ask, because our team happens to be made up almost entirely of women. But make no mistake, we proudly represent men every single day. Historically, our clients have been just about fifty-fifty men and women, and some of our fiercest advocacy has been for husbands and fathers. We also push back on the myth that Indiana courts automatically favor moms. The law presumes both parents are equal, and in our experience, fathers who genuinely seek custody succeed far more often than most men believe. They just don’t ask as often. If you’re a man facing divorce, or a dad who wants to be fully present as a parent, we will work tirelessly with you and fight for your rights regarding custody, parenting time schedules, and having a real voice in your children’s lives.
11. Do you handle high-asset or high-net-worth divorces?
Yes. High-asset and complex divorce is a core focus of our practice. We regularly represent executives, physicians, lawyers, business owners, professional athletes, and other high-net-worth individuals. We are extremely familiar with handling complex business valuations, professional practices, real estate portfolios, stock options and RSUs, deferred compensation, and retirement division. When a business, significant real estate, or substantial wealth hangs in the balance, the stakes feel enormous. The two things that matter most in these types of cases are precision and privacy. We bring both, coordinating with forensic accountants and valuation experts when needed, and favoring resolution paths that keep the details of your finances out of open court, protecting both your financial future and your peace of mind. Significant wealth makes a divorce more complicated. It does not have to make it a war.
12. Do you have experience with narcissists or high-conflict personalities?
Yes. It’s one of the things families call us about most, and one of the reasons our firm looks different from others. Divorcing a high-conflict or narcissistic spouse is exhausting in ways people who haven’t lived it can’t imagine. The manipulation, the endless provocation, the rewriting of history, and the constant self-doubt wear you down in ways that are hard to explain to anyone who hasn’t truly experienced it firsthand. If that’s your life right now, please hear this. You are not alone, and you won’t have to convince us, because we’ve seen it many times before. We also know the word “narcissist” gets thrown around casually these days, and that true narcissism is a very different animal than a spouse who is simply mean or controlling. If you’ve lived with the real thing, you know the difference, and so do we. Negotiating with a narcissist is genuinely different from negotiating with anyone else. Ordinary approaches like compromise, goodwill gestures, and appeals to fairness often backfire, because a high-conflict personality treats them as weakness or ammunition. We understand how narcissists think, communicate, and escalate. We know the patterns, including baiting messages designed to provoke a reaction, playing the victim, rewriting agreements after the fact, and using the children or the court process itself as leverage. So we build your case accordingly, with firm strategy, careful documentation, tight communication boundaries, and negotiation tactics that account for exactly who is on the other side. And, uniquely, our team includes certified relationship and divorce coaches who have received specific training in narcissism and attachment styles. They work alongside your legal team, guiding both you and us in how to deal with a narcissist effectively, while helping you calm your nervous system, set boundaries, reframe communications to ease conflict, and show up steady when it matters most. You don’t have to become a different person to get through this. You just need the right team around you.
13. What if I think my spouse is hiding money or assets?
Trust that instinct enough to look into it. Hidden assets are more common than most people think, and more findable than most spouses hope. Whether it’s unreported income, undervalued businesses, mischaracterized business expenses, quiet transfers to family members, undocumented accounts, or cryptocurrency and other digital assets, we have seen it all. Courts are increasingly intolerant of financial games. We work with forensic accountants to trace the full picture, use Indiana’s verified financial disclosure requirements to compel honesty, and rely on financial restraining orders, which are automatic in some Indiana counties and available by request in others, to freeze unusual spending while your divorce is pending. Your settlement should be built on the truth. We’ll help you find it.
14. Do you have experience handling divorces involving businesses or executive compensation?
Yes, deep experience. These are literally the kinds of cases we handle every single day. Because many of our clients are extremely affluent, business interests and executive compensation aren’t occasional issues for us; they show up in many (if not most) of our cases. Your business is your life’s work, and in an Indiana divorce, it’s on the table. Indiana is a “one pot” state, meaning virtually everything is considered marital property, so the real questions are more sophisticated than most people expect. What is the business actually worth? Do discounts for minority ownership or lack of marketability apply? And when one spouse is the one actually running the company, which is usually how it works, how does that spouse keep the business while the other receives fair value for it? Executive compensation adds its own layer, because stock options, RSUs, bonuses, and deferred compensation each carry their own valuation, timing, and tax considerations, and much of it is easy to miss. And speaking of taxes, high income earners face tax issues that ripple through everything, including how income is calculated for child support and who claims the children (and whether that even produces a benefit). We read business tax returns fluently, and we understand something many lawyers don’t. What may be completely legal and appropriate to deduct as a business expense is not necessarily deductible when calculating income for child support. We know the ins and outs of entrepreneurship, and we protect our clients’ interests, including the ones they didn’t know they had. Getting these answers right can change a settlement by six or seven figures. If you built something, we speak your language, and we know how to protect it. And if your spouse is the business owner or executive, hear this too. We know every play in that playbook, and we use that knowledge to uncover what isn’t readily apparent and protect you fiercely. Nothing gets missed, and nothing gets past us. Whichever seat you’re in, you’re in the right place.
15. Can Indiana courts order a parent to pay for private school or college?
Yes, and it surprises many parents. Indiana is one of the states where courts can order divorced parents to contribute to a child’s post-secondary education, including tuition, room and board, books, and fees. This is true even for parents who would not have paid for college had they stayed married. After a divorce, a couple’s earlier plans (including an intentional decision not to pay) become largely irrelevant; and if one parent seeks an education order, some contribution is likely for most parents. Courts do place practical limits, though. It’s common for a parent’s share to be capped at the cost of an in-state public university for four years. Courts also frequently expect the child to contribute to the overall cost (through grants, scholarships, or student loans if necessary), and orders often require the child to remain enrolled full time and maintain a certain GPA. Private elementary and high school expenses can also be addressed by the courts, and parents can be ordered to pay them (or continue paying them). There are two things with respect to education expenses that are important for parents to know. These orders are not automatic; and, even more importantly, the timing is absolutely critical. Wait too long and the door can close for good. As a general rule, a request for post-secondary education expenses must be filed before your child turns 19. If college is on the horizon, or private school tuition is a reality today, raise it early. We help Central Indiana families plan for education expenses as part of their case, not as an afterthought.
16. What is a guardian ad litem (GAL)?
A guardian ad litem, GAL for short, is a person the court appoints to be the eyes and ears for your child’s best interests in a custody case. The GAL meets with parents and children, gathers information, and makes recommendations to the judge. A GAL can come into a case in a couple of ways. Either parent can request one and the judge will make the appointment, or the attorneys can simply agree on who it should be. If a GAL has been appointed in your case, take a breath. It can feel intimidating to have someone assessing your parenting, but preparation makes all the difference. And here’s our advantage. HLG partner, Jenna Heavner, serves as a GAL herself, with more of our team training to do the same, so we know the process from the inside, including what GALs look for, what concerns them, and how to help you show the court the parent you truly are.
17. Should I move out of the house before filing for divorce?
Please talk with an attorney before you decide. This is one of the most consequential early choices in a divorce, and there is no one-size-fits-all answer. Moving out can affect parenting time patterns, both temporary and long-term possession of the home, and the daily rhythm your children experience during the case. Staying can be untenable when conflict is high. And if you are unsafe, your safety and your children’s safety come first. No strategy trumps safety. Protective orders exist for exactly that reason. The right answer depends on the dynamic of the family, the physical and emotional health of everyone involved, your children, your finances, and your goals. This is exactly the kind of question to raise early. Start with a complimentary intake assessment, or book a one-hour consultation with one of our attorneys, who can assess your situation, give you concrete legal advice, help you weigh the pros and cons of moving, and provide the clarity you need to make the best decision for you. Either way, if a move is on the table, we’ll help you navigate it quickly, so you can make a fully-advised decision before you pack a single box.
18. How long does a divorce take in Indiana?
Indiana has a minimum 60-day waiting period after filing, so even the simplest divorce takes about two months. Beyond that, the honest answer is that it depends. We can give you general guidelines, but no lawyer can ever guarantee a timeline. Here is what actually moves the needle. Conflict is the biggest driver. An amicable, agreed divorce can finish close to that minimum, while a contested case with complex assets or custody disputes can take a year or more. Motivation matters more than people expect. When both spouses genuinely want to be divorced, cases move. In fact, highly motivated people are often willing to give up more than a judge would ever order, simply because they want out and they want peace. And honestly, we understand; there is truly no price to put on peace. On the other hand, when one party isn’t ready to let go, or when mental health struggles or personality disorders are part of the picture, the process can stretch considerably. Practical logistics play a role too. Lawyers, mediators, and judges all have calendars, and sometimes parties are ready to mediate long before the right mediator has an opening. Even the opposing attorney matters. Some share our settlement-first mindset and help move cases forward, while others infuse conflict rather than defuse it. Now for the lovely version. When both parties are motivated and agreeable, we can negotiate everything up front, circulate signatures, and hold the finished agreement for filing on the 60th day. Some judges sign the decree the very day it’s filed; sometimes it takes days or weeks, depending on the judge’s calendar, though in Hamilton County it’s typically a matter of days. We’ve done exactly that for clients, and it is a beautiful thing. What we can guarantee is this. We are on your timeline. We will make every effort to move your case as quickly as you want it to move, we will never be the reason for delay, and we will always give you honest input about which issues, decisions, and disagreements are adding time.
19. Can I still have an amicable divorce if we disagree on things?
Yes, and this may be the most important thing we can tell you. An amicable divorce doesn’t necessarily mean you agree on everything. It means you’ve both decided to resolve your disagreements with respect instead of warfare. Disagreement is normal. You’re ending a marriage, so of course there are hard conversations ahead. The difference is how you have them. One of the ways HLG stands out is that we believe in defusing conflict and addressing the other person’s biggest fears from the very first conversations. With skilled guidance, honest information, and a process built for resolution rather than combat, you set the foundation for a very amicable divorce. That is exactly what “Divorce Done Differently” means. Some of our most peaceful outcomes began with couples who disagreed about nearly everything except for the fact that they didn’t want to destroy each other on the way out. We can work out the details; that’s what we’re here for. All that is truly required to have an amicable divorce is a shared decision to proceed with mutual respect.
20. What is a prenuptial agreement, and do I need one?
Prenups get a bad name, and we’d like to gently push back. Here’s the truth. As our founder, Kena Hollingsworth, says, “Every married couple already has a prenup; if couples don’t create their own, the State of Indiana writes it for them.” State law decides how your assets and debts would be divided if your marriage ever ended. Most people have no idea what those laws actually are. (And by the way, no, you don’t get to keep what you came in with, and it doesn’t matter how assets and liabilities are titled!) When couples get divorced in Indiana, Indiana’s state laws ARE the prenup. And those laws can change at any time without couples ever knowing. So being thoughtful and intentional about your own life and assets shouldn’t be taboo. It should be celebrated. A prenuptial agreement is simply a contract two people enter into before they marry that clarifies how assets, debts, and finances would be handled if the marriage ever ends. It’s one of the most honest conversations two people can have before building a life together, and couples who have them often enter marriage more aligned, not less. A prenup makes particular sense if you own a business, have significant assets or family wealth, expect an inheritance, or have children from a prior relationship. We draft thoughtful, enforceable agreements designed to protect both partners, and when an existing prenup is challenged during a divorce, we handle those disputes too (both enforcing and contesting). Transparent and honest conversations before the wedding set the foundation for a happy, healthy marriage thereafter. We encourage all couples to have those conversations long before they walk down the aisle.
21. Can custody or support orders be changed later?
Yes. Life keeps moving after your decree, and Indiana law recognizes that. When circumstances substantially change (a relocation, a job loss or significant income change, a child’s evolving needs), you can ask the court to modify custody, parenting time, or support. The key word is substantially. Not every change qualifies, and timing rules apply. If your orders no longer fit the life you’re actually living, let’s look at them together. Sometimes the answer is a formal modification; sometimes it’s a simpler agreed adjustment between cooperative parents. Either way, you don’t have to keep living under an arrangement that stopped making sense.
22. Do you offer virtual or online appointments?
Absolutely! We do everything within our power to meet our clients where they are, and that includes how, when, and where we communicate. Divorce and family law issues are disruptive enough. Working with your legal team shouldn’t require rearranging your life. We have a beautiful office in the heart of downtown Carmel, and love meeting clients in person when it fits their schedules. And we are equally happy to accommodate virtual appointments too. Many clients mix both, using virtual meetings for quick check-ins and in-person time for the bigger conversations. We’ve represented clients living all over the country (and the world), including some we’ve never met face to face, and we work hard to make sure distance never touches the quality of their experience. Wherever you are, and however you prefer to connect, we’ll meet you there. That’s part of what doing divorce differently means.
23. What makes Hollingsworth Law Group different?
Many family law firms will tell you they’re aggressive, that they will “fight for your rights” and “defend you zealously in court.” We’ll tell you something different. We believe how you divorce shapes the rest of your life, and the lives of your children. We’ve built an entire firm around getting that right. “Divorce Done Differently” means leading with respect and collaboration instead of combat. We are big believers in resolution by settlement conferences, mediation and collaborative law, but we are experienced trial lawyers, prepared to protect you when the other side won’t meet us there. At HLG, children always come first. We advocate fiercely for you, but never at a child’s expense. You will always be treated like a human, not a case number, and you will be heard, informed, and never left waiting in a hard moment. Our standard for responsiveness is as fast as humanly possible! We have heard horror stories of clients waiting days and even weeks to hear back from their attorneys. That WILL NOT be your experience at HLG. We understand how anxiety-inducing divorce and family law issues can be, and we will do everything in our power to make this process easier and more relaxed for you, and we will make every effort to ease your anxiety. At Hollingsworth Law Group, you will have a team of experienced family law professionals including certified relationship and divorce coaches, supporting you emotionally while your attorneys handle the strategy. We know divorce and family law matters impact every aspect of our clients’ lives, and our team wholeheartedly supports each and every client. Our goal isn’t just to get you divorced, or get you to the other side of your case. It’s to help you and your family come through this whole, at peace, and ready to thrive in what comes next.
24. How long does a divorce take in Indiana?
Every divorce is unique, and the time it takes divorce cases to be completed can vary significantly. There is a mandatory waiting period of 60 days from the date the petition for divorce is filed, so the soonest your divorce can be finalized is 60 days. However, depending on the specifics of your case, it could take much longer. If both spouses commit to resolving things quickly and amicably (with or without mediation), your divorce can definitely be finalized after that 60-day window. However, if parties are unable to reach a quick resolution of all issues, your divorce could take many months or longer.
25. How are assets commonly divided in a divorce?
You may have heard, “Indiana is a 50/50 state.” What that actually means is, absent you and your spouse entering into a prenuptial (or postnuptial) agreement, Indiana law starts with a presumption that all assets (and liabilities) will be equally divided. The great news is, if you and your spouse agree to how to divide assets, you can enter an agreement rather than asking a Court to divide your assets for you. If, on the other hand, you and your spouse are unable to reach an agreement on property division, the court must start with the presumption of a 50/50 split. The presumption is rebuttable, which means you have an opportunity to argue that you should receive more than 50% of your net marital estate. In making a determination, the Court is allowed to consider many factors in deviating from a 50/50 split, including things like: financial and non-financial contributions of each spouse, the annual income of each spouse, the earning potential of each spouse and even the conduct of each spouse during the marriage (i.e. issues of dissipation, etc.). While we always encourage agreement if at all possible, if it is necessary to go to Court, we will gather the appropriate information and prepare you to create your strongest possible position.
26. Is Indiana a “no-fault” divorce state?
Yes, Indiana is a “no-fault” state, which means that you do not need to site a specific allegation of fault in order to pursue a divorce. In fact, the most common ground for divorce is an “irretrievable breakdown of the marriage.”
27. How is child custody determined in a divorce?
Custody arrangements are usually determined on several typical factors surrounding the best interests of the child(ren), with consideration given to factors such as the age and sex of the child, the wishes of the child’s parent(s), the child’s adjustment to home, school and community, and the mental and physical health of all individuals involved. You can rest easy knowing I will help you present all of the available information to pursue the outcome your family deserves.
28. Will I have to go to court for my divorce?
Absolutely not! In fact, as a result of our firm’s approach, Divorce Done Differently, most cases do NOT go to court. When couples agree can negotiate and collaborate to make decisions for their family’s future, whether through settlement negotiations or mediation, it is not necessary to go court. Our process, Divorce Done Differently, encourages you to stay in control of your destiny by reaching agreements outside of court. Additionally, our firm offers divorce mediation services that can help you and your spouse reach an agreement without the need to fight in court.
29. Can prenuptial or postnuptial agreements affect my divorce?
Yes, if you have a prenuptial or postnuptial agreement, it can affect the outcome of your divorce. If you have one or both of these documents, we can review them to ensure you are protecting your best interests in accordance with the requirements of these agreements, and we can advocate for you under the protections of such agreements, or challenge the legitimacy of such documents if appropriate.
30. How do I get started?
Gently, and simply. You can: 1) Call 317-DIVORCE (317-348-6723) (our phones are answered by real humans, 24/7); 2) Email us at [email protected]; or 3) Schedule through our website, www.317divorce.com. When you reach out, let us know if you prefer to set up your complimentary intake assessment with one of our experienced paralegals, or if you would like to schedule a one-hour consultation with one of our experienced divorce lawyers/family law attorneys. While our paralegals cannot give legal advice during the complimentary intake assessment, they will listen to your story, explain how the process works, answer your questions, and help you decide your next step, whether that’s engaging our team, meeting with one of our attorneys, or simply taking time to think. If you would like to consult with one of our experienced family law attorneys, we are happy to schedule in-person or virtual consultations, listen to your story, and help you gain clarity and understand the best strategic plan moving forward. Regardless of which path you prefer, these conversations come with NO PRESSURE. We know how much courage it takes to make that first call or send that first email. We know you have probably been carrying this decision alone for a while now. The first step is just a conversation. You don’t have to have anything figured out before you call.