Hamilton County Family Law
Hamilton County Family Law Attorney Experienced in Indiana Divorce Issues
Indiana Family Law Firm Offers Options for Struggling Families
If you family is facing family law issues including divorce, you are probably wondering about where to start. Here are some basics:
Divorce in Indiana
Regarding residency, at least one of the parties must have been a resident of the state or stationed at a U.S. military installation within Indiana for a minimum of six months prior to filing for divorce. The parties are not required to have married in the state of Indiana to file for divorce there, and most cases are filed in the county in which the filing spouse lives.
Indiana is a mixed divorce state, meaning that fault or no fault grounds are allowed. No fault divorce is defined as the irretrievable breakdown of the marriage, and the fault grounds include:
- The felony conviction of either of the spouses
- Incurable insanity for a minimum of two years
Fault grounds are sometimes used to gain an advantage in a contested custody case, in a dispute regarding the division of marital property, or in calculating an alimony award.
Indiana is an equitable property division state, meaning that each spouse owns the income he earns during the marriage and also has the right to retain any property that is in his name alone. But whose name is on what property is not the only deciding factor – Indiana judges will start with a presumption that property will be divided equally, but after listening to arguments from both spouses, will ultimately divide the property in the way he considers most fair, but not necessarily equal.
Vanessa López Aguilera offers viable divorce and family law options to Hamilton County, Indiana families. Contact her online or call 317-542-3142 to schedule your free 30 minute initial consultation – evening and Saturday appointments are available.