Shelby County Family Law Firm Helps Families Through Divorce
Indiana Divorce Attorney Focused on Equitable Distribution of Property
Are you going through a divorce in Hancock County, Indiana, and struggling with the distribution of marital property? If so, Attorney Vanessa López Aguilera can help.
Property Distribution in Indiana
Indiana is an equitable distribution state, meaning that an Indian court will attempt to divide marital property equitably, but not necessarily equally. Although the court will begin with the presumption that the property should be divided equally, this presumption may be rebutted by a party who presents relevant evidence than an equal division would not be just and reasonable. These factors include:
- The contribution of each spouse to the acquisition of property, whether or not the contribution was income producing
- The extent to which the property was acquired by each spouse before the marriage or through an inheritance or a gift
- The economic circumstances of each party at the time the distribution of property is to become effective, including the court’s desire to award the family home to the spouse having custody of the children
- The conduct of the parties during the marriage that relates to the distribution of property
- The earnings or earning capacity of the parties regarding a final division of property and a final determination of the property rights of the parties
If the court finds that there is little or no marital property to distribute, it may award either spouse a money judgment not limited to the property existing at the time the couple separated. This award may only be made for the financial contribution of one spouse toward books, tuition, and laboratory fees for the education of the other spouse. The court also considers the tax consequences of property distribution with respect to the present and future economic status of each party.
If you filing for divorce in Shelby County, Indiana, consider enlisting the help of an experienced family law attorney like Vanessa López Aguilera. Contact our firm online or call 317-644-6261, 317-715-1847 (español), or 888-588-2807 (toll free) to schedule a free 15-minute initial consultation today.