Divorce

A pending divorce can be very stressful. A divorce affects not only the parties involved but their children and other family members as well.

When facing the possibility of divorce you have many questions regarding the process, custody of your children, and division of assets. Our attorneys help our clients through this process providing them with strong competent representation. We understand that this is a difficult time, especially for your children, and we are committed to achieving the best possible outcome for you and your children.

Indiana is a no fault divorce state, which means that a party does not need to prove that the other party is at fault in order for the divorce to be granted.  All property of the divorcing parties is taken into consideration when assets are divided. The assets must be divided equitably which usually mean equally, but there are circumstances where an equal division of assets is not appropriate.

There are many issues that must be dealt with during a divorce including custody of minor children, support of minor children, payment of liabilities, and division of assets. The first step in addressing these issues after a divorce has been filed is requesting provisional orders. Provisional orders are orders that are put in place by the Court that only until they are modified or a final divorce decree is entered. A final decree will not be approved by the Court until at least sixty (60) days have passed since the filing of the Petition for Dissolution.

The following are issues that can occur in most divorces:

Custody of Minor Children – There are two types of custody: legal custody and physical custody. Physical custody is just what it sounds like: where the children physically reside. Legal custody is the ability to make important decisions regarding medical care, education, and religious upbringing.

Child Support – Child support is based on both parent’s gross weekly incomes along with considerations of health insurance, day care expenses, and parenting time.

Parenting Time – Indiana has created parenting time guidelines which establish minimum parenting time for non-custodial parents. While many parents follow the parenting time guidelines, others choose to develop their own parenting time plan that works for them.

Division of Assets and Liabilities – While parties will need to divide their personal property, other items such as the marital residence, other real estate, automobiles, bank accounts, investment accounts, and retirement accounts must also be divided equitably.

Elkhart County has a special rule regarding family law matters including divorce. All divorcing parents are required to attend a Transparenting class at Bashor in Goshen. All children ages 6-17 must attend the Seasons class, also at Bashor. Parents must also complete an outline program called UpToParents.org which helps them to start thinking about how they will co-parent their children.

Elkhart Child Custody Lawyers

Child custody disputes can arise as a result of a divorce or when an unwed parent establishes legal rights. When dealing with custody matters, it is vital to have strong and knowledgeable legal representation.

At Beverly S. Peters and Associates, P.C., based in Elkhart, Indiana, we assist with all types of custody matters, including third-party custody initiated by a grandparent, other family member, or cases involving the Department of Child Services. Our Elkhart child custody attorneys will take the time to listen to your situation, advise you on rights and options, and work diligently and vigorously to resolve your matter.

Send an email today to discuss your child custody issue and how we can help.