Divorce is often a complex and emotional process, and in Indiana, it is no different. Unfortunately, many misconceptions about divorce in the Hoosier State can lead to confusion and unrealistic expectations. Seeking the advice and counsel of an experienced family law attorney can help you debunk some common myths you may have heard. This blog will address some of the most common myths associated with divorce in Indiana.
The first myth is that “Mothers always get custody of the children.” In reality, Indiana law does not favor either parent based on gender. The court’s primary concern is the best interests of the child. Factors considered include each parent’s relationship with the child, the child’s adjustment to home and community, and the mental and physical health of all parties involved. Another myth is “if my spouse cheated, I would get everything in the divorce.” Indiana is a “no-fault” divorce state, meaning that marital misconduct generally does not impact property division. While infidelity can be emotionally devastating, it typically does not affect the financial outcome of a divorce unless marital assets were used to support the affair.
Another common divorce myth is that you must go to court to get divorced. Many divorces in Indiana are settled out of court. Mediation is often encouraged and can be a less costly and less adversarial way to resolve disputes. Only when couples cannot agree on key issues does a judge need to make decisions. The next myth is that divorce always involves a 50-50 split of assets. While Indiana is an “equitable distribution” state, this does not always mean a 50-50 split. The court considers various factors, including each spouse’s economic circumstances, contributions to the acquisition of property, and length of the marriage when dividing assets.
When it comes to divorce proceedings, it can be more complex if children are involved. There is a myth that a parent can deny visitation if the ex-spouse does not pay child support. Child support and parenting time are separate issues in Indiana. Denying court-ordered visitation due to non-payment of child support can result in legal consequences for the custodial parent. Another common myth is that “once a divorce is finalized, it cannot be modified.” Certain aspects of a divorce decree, such as child custody, child support, and spousal maintenance, can be modified if there is a substantial change in circumstances.
Another myth is that living together for seven years means you are in a common-law marriage. Indiana does not recognize common law marriages entered after January 1, 1958. Couples who have lived together, regardless of the duration, must legally marry to have the rights and obligations of married couples. A common myth is that divorce takes years to finalize. In Indiana, there is a 60-day waiting period after filing before a divorce can be finalized. While complex cases can take longer, many divorces are completed within a few months. Also, a common myth is that “if I leave the marital home, I will lose my claim to it.” Leaving the marital home does not forfeit your right to claim it in the property division. However, it can impact child custody decisions if children are involved.
Lastly, a prevalent myth is that you do not need a lawyer for your divorce. While it is possible to file for divorce without an attorney, navigating Indiana’s divorce laws can be challenging. A lawyer can help protect your rights, especially in complex cases involving children or significant assets. Understanding the realities of divorce in Indiana can help you approach the process with clearer expectations. It is always advisable to consult with a qualified family law attorney to understand how Indiana laws apply to your specific situation. The attorneys at Ciyou & Associates, P.C. have a strong background practicing family law throughout Indiana. We are here to help you debunk common divorce myths and provide adequate representation. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.