Divorce FAQs

What is the process for getting a divorce?

A divorce begins by filing a Petition for Dissolution of Marriage in court.  In order to file you must have been a resident of Indiana for at least six (6) months and a resident of the county where you file for at least three (3) months before you file.  After you file, the court must wait at least sixty (60) days before granting a divorce.

How are assets and debts divided?

All assets you own and debts you owe on the date the petition for dissolution is filed in court must be divided.  Even assets you owned before marriage or received as inheritance or gift during marriage are to be divided by the divorce court.  A divorcing couple can agree how to divide their assets/debts and submit an agreement to the court for approval.  If the parties cannot agree, the court will decide on a fair division.  The court begins with the presumption that an equal division is fair.  Both parties then have the opportunity to persuade the court that in their circumstances an unequal division is more appropriate.  Indiana law provides several factors for the court to consider when deciding whether an unequal division is appropriate.  If you have valid premarital agreement the terms of that contract can control the division of assets.  For more information on  Premarital Agreements visit the Premarital Agreements page [LINK Premarital Agreements]

How is alimony or maintenance determined?

Indiana does not have traditional alimony in divorce.  In some limited circumstances -- for example, an incapacitated spouse who cannot work or a spouse who needs time to acquire education or job skills to support himself -- spousal maintenance may be ordered.

Who will get custody of the children?

If the parents do not agree on custody arrangements the court will make a custody decision it determines to be in the best interests of the children.  For more information visit Custody, Parenting Time & Support.

Contact Lemieux Law for more information on full service family law representation or to schedule an appointment.