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Free Guide to Hiring a Family Lawyer
In Evansville, the laws governing divorce and separation come under the state laws of Indiana. Divorce, legally known as "dissolution of marriage," is a legal process that dissolves the bonds of matrimony between a married couple under the rule of law. Legal separation, on the other hand, is a court-ordered arrangement where a married couple lives apart, leading separate lives while remaining married. In Evansville, both no-fault and fault-based divorces are recognized.
Navigating a divorce or separation without proper legal assistance can be challenging due to the complexities of the law and the emotional stress associated with such proceedings. Lawyers can assist in areas like understanding the legal requirements for filing a divorce, child custody and support, division of shared properties, alimony, and tackling any disputes that may arise during the process. Experienced attorneys can also represent you in court, ensuring your interests are well advocated.
Indiana is an equitable distribution state, meaning that during a divorce, marital property is divided in a manner that the court deems fair, which may not necessarily mean equally. Factors like the duration of the marriage, the parties' economic circumstances, and their contributions to the marital property are considered. When it comes to child custody, the child’s best interest is a paramount concern for the courts.
In a no-fault divorce, the spouse filing for divorce does not need to prove any fault on the part of the other spouse. All a spouse needs to allege is that the marriage is irretrievably broken.
The length of the process can significantly vary depending on the complexity of the case. However, Indiana law requires a minimum waiting period of 60 days before the divorce may be finalized.
Courts generally base their decisions on what is in the best interests of the child. Factors considered include the age and sex of the child, the child's wishes (if the child is at least 14), and the child's adjustment to home, school, and community.
Indiana law follows an "equitable distribution" system. This means that all marital property – assets and debts acquired during the marriage – is divided in a manner that the court deems just and reasonable.
A legal separation is a court order that mandates the rights and duties of a couple while they are still married, but living apart. This contains terms concerning child custody, child visitation, child support, and spousal support.
The Indiana Legal Services (ILS) and the Indiana State Bar Association provide free online resources and support services. The Indiana Courts' official website also provides self-help forms and guides for divorce proceedings. For any legal assistance, it is advisable to consult with a local attorney.
If you are considering a divorce or separation, the first step is to consult with a local Evansville attorney who specializes in family law. They can guide you through the application process and ensure all legal proceedings are properly handled. You could find the right attorney by seeking referrals, researching online directories, or through the local bar association.
