Getting a divorce is never easy, but avoiding certain pitfalls can make the process smoother and protect your interests. If you are considering or going through a divorce in Indiana beware of making mistakes that can have a significant impact on your case. Consulting with an experienced family law attorney before you file for divorce can help prepare you for the legal process. This blog will address critical mistakes to avoid when getting a divorce in Indiana.
Indiana is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. Do not assume assets with be split 50/50. Familiarize yourself with Indiana’s specific laws on property division, child custody, and spousal maintenance to set realistic expectations. Indiana has a 60-day waiting period after filing before a divorce can be finalized. This period can be longer if there are disputes or complex assets to divide. Understanding this timeline can help you plan accordingly and avoid unnecessary stress.
Divorce is emotionally charged, but allowing anger or resentment to guide your choices can lead to poor outcomes. Focus on long-term goals rather than short-term satisfaction. Consider mediation or collaborative divorce to minimize conflict and reach mutually beneficial solutions. It is also crucial to avoid making hasty decisions about property divisions or child custody arrangements out of guilt or a desire to “get it over with.” These decisions can have long-lasting impacts on your financial stability and relationship with your children.
Gather and organize all financial records before filing for divorce. This includes bank statements, tax returns, retirement accounts, and debt information. Failing to provide a complete financial picture can result in an unfair settlement or delays in the divorce process. Pay special attention to marital debts as well. In Indiana, both spouses can be held responsible for debts incurred in the marriage, even if only one spouse’s name is on the account. In the digital age, social media posts can be used as evidence in divorce proceedings. Avoid sharing details about your divorce, new relationships, or lavish purchases online. These posts could potentially impact property division or child custody decisions.
If you have children, prioritize their well-being throughout the divorce process. Avoid speaking negatively about your spouse in front of them and refrain from using children as messengers. Indiana courts prioritize the best interests of the child, so demonstrating your commitment to co-parenting can positively influence custody decisions. Consider working with a family therapist or counselor to help your children cope with the changes and to develop effective co-parenting strategies.
Divorce can have significant tax consequences that many people overlook. For example, alimony payments are no longer tax-deductible for the payer or taxable income for the recipient for divorces finalized after 2018. The transfer of certain assets, like retirement accounts, may also have tax implications. Consult with a tax professional or financial advisor to understand how your divorce settlement might affect your tax situation and to plan accordingly. While it might be tempting to handle your divorce without legal representation to save money, this can be a costly mistake in the long run. An experienced Indiana divorce attorney can help you navigate the legal process, ensure your rights are protected, and often negotiate a better settlement than you could on your own.
Every divorce is unique, and these are just general guidelines. The decisions you make during your divorce can have long-lasting impacts on your financial future and family relationships. Take time to educate yourself, seek professional advice, and make informed decisions throughout the process. The attorneys at Ciyou & Associates, P.C., have a strong history of practicing family law in the state of Indiana. We are here to help you through your family law matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
