This is known as a pension survivor benefit. The court has held that this pension survivor benefit has a value to the surviving spouse that must be valued and attributed to the surviving spouse when the marital estate is divided at the time of the divorce.
This decision by the Indiana court makes it important to take this into consideration when divorcing. Navigating the court system can be very daunting. You need someone to help you negotiate the best possible outcome for the property, debts, and possibly children that are involved. While you may find forms to file your own divorce, it is best to have an attorney help you file a divorce.
If you attempt your divorce on your own, the court will hold you to the same rules as if you were an attorney. Your divorce will become in one of two ways. You and your spouse will reach an agreement of all terms and submit papers to the court, a Settlement Agreement, that detail all terms of your agreement. The second option is to go before a judge and let the judge decide. Once you have filed for divorce your case is assigned to a court, and copies of your filings are sent to your spouse.
If you requested temporary custody, temporary child support, or temporary possession of the marital residence, the court will set the matter s for a provisional hearing. At the provisional hearing you will tell the judge why your request s should be granted.
If granted, remember that a provisional order will only be in effect until the final hearing. The presumption, the starting point, in Indiana, is that all assets and all debts brought into the marriage will be split evenly on a basis. However, this is just the starting point. Generally, if you reached an agreement outside of court the answer is no.
A court order issued following a final hearing may be appealed to the Indiana Court of Appeals, but an appeal would be costly.
Issues relating to child custody, visitation, and child support can be brought back to the court under certain circumstances. A divorce is the legal dissolution of marriage by a court which cancels the legal duties and responsibilities of the marriage. Quite simply, a divorce separates those legal duties and responsibilities and ends the marital union.
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An uncontested divorce is the simplest, cheapest, and fastest type of divorce. Basically, in order to get an uncontested divorce you and your spouse need to:. In Indiana, each divorce must follow a timeline. First I will file your Petition for Divorce with the court.
Indiana law requires that we then wait at least 60 days. During this time you and your spouse will work to come to an agreement regarding the division of property, debt, visitation, and child support. After the 60 day waiting period which may be longer depending upon the court's schedule , we will go to court to present a Final Decree to a Judge.
Child Support is money paid by the non-custodial parent to the custodial parent for the maintenance of the child. It is vital to deal with child support any any divorce proceeding involving children. If you are not able to come to my office, or are just more comfortable conducting business at home, I am able to visit you instead. I will bring with me all the equipment necessary to complete your paperwork and file your documents with the court the next business day.
If you would like my services, feel free to call anytime. Our phones are answered 24 hours each day. Call to speak with one of our divorce attorneys today. When you work with us, you will have our support, advice and guidance throughout the entire divorce process.
To help you, here is a list of links to websites where you can find valuable information about the field of family law:. Visit our Pinterest Divorce Attorney page. If you need help we are happy to talk to you at no charge. Give us a call or click the button to make an appointment. Please contact our office to learn how we can help.
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Divorce Lawyers. JR Emerson, Attorney. Avvo Rated Jill Bracken-Emerson, Attorney. Purdue University, West Lafayette, B. Testimonials Jill handled my divorce with passion and compassion. Understanding Divorce in Indiana. The Divorce Process. Types of Divorce. Division of Marital Property.
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Divorce and Retirement. Frequently Asked Questions. Additional Resources. Types of Divorce In Indiana, there are three kinds of divorce you need to know about: Uncontested Divorce Contested Divorce Divorce by Publication We handle all three types of divorce; for your convenience, generally, all of them can be accomplished by E-Mail, Fax, Regular Mail, or by a conventional office visit.
Indianapolis Divorce Attorney Julie Andrews - Cohen & Malad, LLP
Read on to learn more about each type of divorce and how we can help: Uncontested Divorce In Indiana, an Uncontested Divorce tends to be the quickest, least expensive, and least complicated way to divorce. What is an Uncontested Divorce? Contested Divorce Simply put, a Contested Divorce situation exists when the parties to NOT agree upon the terms to resolve the divorce. Divorce by Publication Divorce by Publication is available to those individuals seeking divorce with no knowledge of their spouse's whereabouts.
High Conflict Divorce Sometimes spouses, for whatever reason, just cannot get along throughout the divorce process. Call Today to Get Started. Indiana Divorce Process The steps to divorce in Indiana are simple. In order to file in Indiana, follow these steps: Step 1: Residency Requirement The first step to filing divorce in Indiana is to make sure that you meet the residency requirements. Step 3: Provisional Cooling-Off Period The provisional period is a day window where the court processes your divorce paperwork.
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Step 5: Provisional Hearing If needed, a judge can put rules in place between you and your soon-to-be-ex regarding your possessions, custody rights, and child support or alimony while the divorce is pending. Step 6: Reaching an Agreement During the day period, the involved parties will need to negotiate a settlement if possible. Step 7: Mediation Many counties and courts require mediation as a means to resolve issues related to custody, parenting time, and child support as well as the division of property.
Step 9: Final Hearing if needed If both parties cannot come to an agreement related to custody, parenting time, child support, and the division of assets and liabilities, the next step is to hold a hearing in which a judge resolves these issues. Call Now. What happens to the Marital residence?
Gifts and Inheritance Even a gift or an inheritance given to one spouse during the marriage is considered marital property and is subject to division via the presumption of the split. Can I Get Cash? What About a Pension in a Divorce? How does a divorce become final?
What decisions are made as part of a divorce? Per a Settlement Agreement or a Judge will: End your marriage. Issue custody, visitation and child support orders for children of the marriage. The wife can get her maiden or former name back as part of the divorce. Court Orders for counseling, spousal maintenance, or protective orders can also be issued by the Court. I filed my divorce with the clerk, what happens now?
To help you, here is a list of links to websites where you can find valuable information about the field of family law: Indiana Parenting Time Guidelines - a thorough guide for child visitation in Indiana Child Support Information - statutory information for a detailed look at child support in Indiana Indiana Child Support Calculator - a relatively easy-to-use program that enables you to begin the process of determining a child support obligation Indiana Department of Child Services - state of Indiana parent resource Indiana State Central Collection Unit - the agency responsible for collecting and distributing child support in Indiana Grandparents' Rights in Indiana - Indiana Legal Services, Inc.