How a Fishers divorce works
Filing for divorce in Hamilton County
Ciyou & Associates represents Fishers spouses in contested and agreed divorces from our office on Allisonville Road, a few minutes from most Fishers neighborhoods. Fishers divorces are filed in Hamilton County, and we have handled Hamilton County family cases and the appeals that follow them for years.
A Fishers divorce follows the Indiana Dissolution of Marriage Act, and it is filed with the Hamilton County Clerk. These are the steps every case moves through, from the petition to the decree.
Where to file
File a verified petition with the Hamilton County Clerk. The case is heard by the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville.
Ind. Code 31-15-2-5Residency
One spouse must have lived in Indiana for six months and in Hamilton County for three months before filing.
Ind. Code 31-15-2-6Provisional orders
Either spouse can ask for temporary orders on custody, support, maintenance and use of the home while the case is pending.
Ind. Code 31-15-4Waiting period
No decree can be entered sooner than 60 days after the petition is filed, even when the spouses agree.
Ind. Code 31-15-2-10Division of property
All property of both spouses goes into one marital estate, and the court presumes an equal division is fair unless evidence shows otherwise.
Ind. Code 31-15-7-4 and 31-15-7-5Decree and appeal
The final decree divides the estate and sets any custody and support. A notice of appeal is generally due 30 days after a final judgment.
Ind. Appellate Rule 9An agreed case can close soon after the 60 day period ends. A contested case with custody or valuation disputes often takes many months, and the work done early, especially at the provisional hearing, tends to shape the result.
Fishers and Hamilton County
What to expect in a Fishers divorce
The court
Fishers has no family court of its own. A Fishers divorce is filed with the Hamilton County Clerk and heard by the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville. Hamilton County has no separate family division, so your case is assigned to one of several judges who also hear other kinds of cases, and each runs a busy docket. Hearing dates fill quickly, which is one reason we push for early provisional orders when a family needs temporary rules for the house, the bills and the children.
Our Fishers office
Our Fishers office at 10412 Allisonville Rd., Suite 207, Fishers, IN 46038 is about 16 minutes from the Judicial Center. Fishers clients can meet with us close to home and we make the drive to Noblesville for every hearing, mediation and trial.
Hamilton County cases from our archive
Our published case archive includes Hamilton County divorce appeals on maintenance and property division in Swindler v. Swindler, child support arrears in Hunt v. Hunt and college expenses after a decree in a published opinion on education expenses. They show the kinds of questions Hamilton County divorces raise and the record an appeals court reviews.
Built for review
Our attorneys have handled more than 175 appeals. We ask for written findings, build the record and draft orders with appellate review in mind, so your result holds up if it is ever enforced, modified or appealed.
Related help
Divorce help for Fishers families
Most Fishers cases touch more than one issue. These pages cover the related matters we handle and nearby cities we serve.
Indianapolis divorce lawyers
Our main divorce page, with the full Indiana process.
Fishers child custody attorney
Custody, parenting time and support for Fishers families.
High asset divorce
Businesses, practices, stock options and complex portfolios.
Property division
Identifying, valuing and dividing the marital estate.
Spousal support
When Indiana courts award maintenance and for how long.
Legal separation
A court ordered separation for spouses not ready to divorce.
Protective orders
Seeking a civil protection order or defending against one.
Domestic appeals
Appeals of divorce orders to the Indiana Court of Appeals.
Carmel divorce attorney
Hamilton County, Hamilton County courts in Noblesville.
Noblesville divorce attorney
Hamilton County, Hamilton County Judicial Center in downtown Noblesville.
Westfield divorce attorney
Hamilton County, Hamilton County courts in Noblesville.
Why Ciyou & Associates
Fishers divorce attorneys who try cases and handle the appeals
We are a family law firm with offices in downtown Indianapolis and Fishers, and we represent Fishers clients in Hamilton County. Every case starts with your goal. From there we gather the evidence, prepare you for every hearing and keep you informed as the case moves.
Our attorneys also run an active Indiana appellate practice, so we try each case knowing what the Court of Appeals looks for. If the other side appeals, or the trial court gets the law wrong, the same team that tried the case is ready to take it up.
Your divorce team
Bryan has argued in the Indiana Court of Appeals, the Indiana Supreme Court and the Seventh Circuit, and is admitted to the bar of the United States Supreme Court. We also speak Spanish.
Bryan and Kim lead a team of four attorneys, plus paralegals and an intake specialist who keep your case moving.
What Our Clients Say About Us
Questions we hear
Fishers divorce FAQs
With the Hamilton County Clerk. The case is heard by the Hamilton Circuit and Superior Courts at the Hamilton County Judicial Center, 1 Hamilton County Square in Noblesville. Fishers does not have its own family court.
Yes. Our Fishers office is at 10412 Allisonville Rd., Suite 207, Fishers, IN 46038. We also meet clients at our downtown Indianapolis office and by video.
Indiana does not require one, and some agreed cases are simple. When there are children, a business, retirement accounts or a house, or the other side has a lawyer, the rules of evidence and procedure apply to you the same way, and mistakes are hard to fix later.
Consultations are $250 and are with an attorney. The cost of the full case depends on how much is contested and whether it goes to trial.
Yes. A final decree can be appealed to the Indiana Court of Appeals. The notice of appeal is generally due 30 days after the final judgment. Our attorneys have handled more than 175 appeals.
Talk to a Fishers divorce attorney
(317) 210-2000
info@ciyoulaw.com
10412 Allisonville Rd., Suite 207, Fishers, IN 46038
Consultations are $250 and are with an attorney.