Most Common Disputes in a Divorce

The American Psychological Association (APA) estimates that somewhere between 40% and 50% of all U.S. marriages eventually end up in a divorce. Going through a divorce is almost invariably challenging—many legal, logistical, and emotional issues need to be worked out. It is not uncommon for disputes to arise. While every divorce is different, the disputes in divorce tend to focus on the same common areas.  In this article, our Indianapolis divorce attorney highlights three of the most common categories of disputes in divorces in Indiana. 

• Property Division: Who Gets What?

Before a divorce can be finalized in Indiana, all of a married couple’s property and assets must be dealt with. This can be one of the most common and contentious issues in a divorce. It is rarely easy to decide who gets to keep what. Property division disputes are especially common as it pertains to: 

• The family home; 
• Vehicles and other personal property; 
• Savings accounts; 
• Items of sentimental value; 
• Investment accounts and retirement assets; and
• Marital debts. 

Indiana is an equitable distribution jurisdiction for property distribution. If a court is called upon to resolve the matter, it will split a couple’s assets and liabilities in a manner deemed to be most fair and equitable. A 50/50 split is not guaranteed under Indiana state law. 

• Parental Disputes: What to Do About the Kids?

For parents of young children, divorce can be very hard. The next most common dispute in divorce is what to do about the kids. More specifically, parents need to work out child custody and child visitation. If this dispute ends up in court, Indiana requires judges to use the best interests of the child legal standard to adjudicate the matter. The desires of the parents involved in the disagreement are secondary—what is best for the kids will always come first. 

• Personal Conflict: Why Did This Happen?

Divorce is emotional. It is very common for personal conflict to be an issue of dispute in divorce. While this matters, it is also usually best handled in counseling or therapy instead of in the courtroom itself. The vast majority of divorces in Indiana are no-fault divorces. In effect, this means that the court will not assign blame for what happened or adjudicate most personal conflicts. Insead, the no-fault divorce process is forward-looking, with a focus on issues such as property division, spousal support, child custody, and child support. 

Speak to Our Indianapolis Divorce Attorney Today

At López Law Office, our Indiana divorce lawyers provide pragmatic, reliable legal representation to clients. If you are locked in a difficult divorce dispute, we are here as a resource. Contact us today to arrange your strictly confidential case evaluation. With a law office in Indianapolis, we provide divorce representation in Marion County and throughout all of Central Indiana.