Divorce
When facing the deeply personal and often emotional challenges of divorce, selecting the right legal team is critical. Your divorce attorney should offer skilled legal guidance but also compassion and clear communication, providing peace of mind when you need it most. An Indianapolis divorce attorney can help you determine the best steps to move forward with this new chapter of your life.
Skilled Advocacy For Your Indianapolis Divorce
At Curlin & Clay Law, we believe family law calls for both skill and compassion. Divorce is rarely just a legal matter. It is also a deeply personal one. Our attorneys bring strong knowledge of Indiana family law together with a genuine commitment to the people we serve.
We take the time to listen. Our team will go through your legal options, answer your questions, and build a plan around your goals. Whether your case calls for a calm, cooperative resolution or firm advocacy in the courtroom, we stand beside you with steady, practical guidance. We’re dedicated to helping you protect your interests and help you reach a fair outcome with as little added stress as possible.
Who We Help
Every divorce is different, and people come to us at many different points in the process. We help clients, including:
- People who are thinking about divorce. You may be weighing your options and wondering what would happen with the house, your money, the kids, support payments, or the court process itself. We help you understand your rights before you make any decisions.
- People who are ready to file. You know you want to move forward, but feel unsure about what paperwork is needed, how your spouse gets served, or what happens once the case begins. We guide you through each step.
- Parents working out custody and support. You may need to figure out where the children will live, how parenting time will work, who makes major decisions, and how child support fits into the picture. We help you build arrangements that put your children first.
- People who are facing safety concerns. You may need to start a divorce while also dealing with safety issues, protective orders, emergency court matters, or a spouse who is making the process harder. We act quickly to protect you and your family.
- People with complex finances. You may have a higher income, a business, a professional practice, bonuses, a demanding schedule, or other complex assets. We help you understand how these factors affect divorce, custody, support, and property division.
The Divorce Process in Indiana
Knowing what lies ahead can ease much of the worry that comes with divorce. Our Indianapolis divorce attorney will guide you through the process. Here is a general look at how the process works in Indiana.
1. Meeting Residency Requirements
Before you file, Indiana requires that you or your spouse meet certain residency rules. Usually, a person is required to file in the county where they live or their spouse lives, and state and county residency requirements must be met first.
2. Filing the Petition
To begin a divorce, one spouse must file a petition for dissolution of marriage. This document opens the case and asks the court to end the marriage. Your spouse is then formally served with the paperwork and given a chance to respond.
3. Understanding No-Fault Grounds
Indiana is a no-fault divorce state. This means you do not have to prove that your spouse did something wrong. Most people simply state that the marriage has suffered an irretrievable breakdown. This often keeps the process calmer and more focused on resolution.
4. The 60-Day Cooling-Off Period
Indiana law requires a waiting period of at least 60 days from the date you filed the petition before a divorce can become final. This time allows you and your spouse to consider your decision and gives both sides time to work toward agreements. Many divorces take longer than 60 days, especially when there are children or high-income assets involved.
5. Dividing Property
Indiana follows the principle of equitable division. The court starts with the presumption that an equal split of marital property is fair and reasonable. That presumption can be adjusted based on factors such as each spouse’s contributions, property owned before the marriage, gifts or inheritances, the economic circumstances of each person, and how the parties handled their assets during the marriage. We help you understand what counts as marital property and work to protect your share.
6. Custody and Child Support
When children are involved, the court makes decisions based on their best interests, including their health, safety, and overall welfare. This covers physical custody, parenting time, and legal decision-making. Child support follows Indiana guidelines and accounts for each parent’s income and the needs of the children.
7. Mediation
Many Indiana courts often encourage mediation before a final hearing. Mediation gives both spouses a chance to resolve disagreements with the help of a neutral mediator. This often reduces conflict, lowers costs, and gives you more control over the outcome.
8. Finalizing the Divorce
Once you reach agreements or the court decides the open issues, the judge enters a final decree. This document settles property division, support, custody, and parenting time, and it officially ends the marriage.
Why Choose Us
Choosing the right attorney matters. Here is what sets our firm apart.
- A client-focused approach. We tailor our strategy to your situation and your goals. No two families are alike, and your plan should reflect what matters most to you.
- Clear, steady communication. We keep you informed at every step. You can expect regular updates and straightforward explanations of your rights and options, so you always know where your case stands.
- Thoughtful, strategic preparation. Our attorneys prepare each case with close attention to detail, whether the path leads to negotiation, mediation, or the courtroom. Strong preparation protects your interests and positions you for a fair result.
- A supportive case process. From your first call through your final decree, we walk with you. We answer your questions, address your concerns, and help you carry the weight of a difficult time with greater confidence.
Take the First Step Toward Resolution
You do not have to face divorce alone. The decisions you make now will impact your finances, your family structure, and your future for years to come, and the right guidance can help. The team at Curlin & Clay Law is ready to listen, answer your questions, and help you move forward.
Contact Curlin & Clay Law today to schedule a consultation with our Indianapolis divorce attorney and let us help you protect your rights and build a path toward a fair and stable future.
FAQs about Divorce in Indiana
Indiana requires a minimum waiting period of 60 days from the date of the petition filing. That said, many divorces take longer, often six months or more, especially when children, support, or complex property issues are involved. The timeline depends largely on how quickly both spouses can reach agreements.
No. Indiana is a no-fault state. In most cases, you only need to state that the marriage has broken down beyond repair. You do not have to prove misconduct to obtain a divorce.
Indiana uses equitable division. The court begins with the assumption that an equal split is fair, but it can adjust that split based on factors such as each spouse’s contributions, property owned before the marriage, inheritances, and the financial situation of each person.
The court bases custody and parenting time decisions on the best interests of the children. Judges consider the children’s health, safety, and welfare, along with the ability of each parent to provide a stable environment.
If you face safety concerns, the court can issue protective orders and address emergency matters quickly. We can help you request the protection you need while moving your case forward. Your safety and your children’s safety come first.
While you are not required to hire an attorney, divorce involves important decisions about your finances, your property, and your children. A professional attorney can help you know your rights, avoid mistakes, and work toward a fair outcome with less stress.