Fort Wayne, Indiana Divorce Attorneys Serving Allen County, Indiana and Nearby
If you are facing a divorce in Fort Wayne, Indiana, it is important to search for caring and compassionate representation. The results of these cases will likely have a significant impact on you and your family and can also be long-lasting.
At Stange Law Firm, we focus our practice solely on handling matters relating to divorce and family law. Because of this, our lawyers have the knowledge needed to help compassionately guide you through the process of your matter. Whether your divorce case needs to be litigated in court, or resolved through alternative dispute resolution methods, Stange Law Firm has the legal staff and resources to help.
From our family law office in Fort Wayne, Indiana in Allen County, we can serve residents in Fort Wayne, IN, and in the surrounding areas, with a wide range of family law matters, including:
- Fort Wayne, Indiana Child Support Attorneys in Allen County: If you are in or near Allen County, Indiana, and are interested in finding out more information about child support, our webpage has additional information.
- Fort Wayne, Indiana Child Custody Lawyers in Allen County: If you need a child custody lawyer in or around Allen County, IN, we have attorneys who can help.
- Fort Wayne, Indiana Paternity Attorneys in Allen County: If you are an unmarried parent in Allen County or nearby who needs a custody attorney, we have lawyers who can assist.
- Fort Wayne, Indiana Fathers’ Rights Lawyers: If you are a father in need of a divorce or family law representation near Allen County, Indiana, we have lawyers who can assist.
- Fort Wayne, Indiana Family Law Attorneys in Allen County: We can help you with your family law needs in the Fort Wayne, Indiana area in Allen County.
- Fort Wayne, Indiana Estate Planning Lawyers: Need help with a will, trust, or probate issue? We can help.
- Fort Wayne, Indiana Adoption Lawyers in Allen County: Are you interested in learning more about your adoption options in Allen County, IN? Our attorneys can assist.
- Fort Wayne, Indiana Modification Lawyers: Need help with modifying a previous custody or support order? Our family lawyers in Indiana are here to assist.
- Fort Wayne, Indiana Guardianship Attorneys: Are you needing assistance establishing or revoking guardianship in Allen County? Learn more at this link.
- Fort Wayne, Indiana Prenuptial & Postnuptial Agreement Lawyers: These documents must be carefully & accurately drafted. More information is available at this link.
The lawyers that you will find at Stange Law Firm understand that your divorce and family law matter in Fort Wayne, Indiana may be one of the most emotionally stressful and trying times in your life. That’s why our Allen County, IN divorce attorneys, are ready to advocate for you, whether your divorce is uncontested or contested. No matter if your case can be settled outside of court, or if your case is forced to go to trial, the divorce lawyers at Stange Law Firm are here to help you.
You can also find out more information about Allen County, IN here:
- Government Website for Allen County, Indiana: Interested in learning more about the government for Allen County, IN? Click this link to learn more.
- Allen County, Indiana Court Rules: If you are interested in the local rules for Allen County, IN, please click this link to read more.
- Allen County, IN Courthouse: Click here for the address and directions to the Allen County Circuit Court.
- Fort Wayne, Indiana Children’s Advocacy Centers: Do you know a child facing sexual or physical abuse in Allen County, Indiana? Click here for children’s advocacy centers in the Allen County, Indiana area.
COMMON DIVORCE QUESTIONS IN INDIANA
What Are the Grounds for Divorce in Indiana?
If you are having issues with your marriage in the state of Indiana then a divorce can be sought for any of the following reasons:
- Having irreconcilable differences that have caused the irretrievable breakdown of your marriage
- A felony conviction
- Impotency at the time of marriage
- Incurable insanity lasting two years or longer
It is important to note that in Indiana, a divorce based on an irretrievable breakdown of the marriage is known as a “no-fault” divorce, and it is not grounded upon wrong-doing or marital misconduct of the husband or wife. In Indiana, the main issues addressed in the divorce decree are:
- Child custody & visitation
- Child support
- Spousal maintenance
- Property division
Residency Requirements for Divorce in Fort Wayne, Indiana
One of the parties who is seeking a dissolution of the marriage must have been a resident of the state of Indiana for a minimum of six months, and a resident of the county for at least three months immediately before the filing of the action. The action for dissolution may be filed in the county where either party resides and meets the residency requirements.
Name of Court and Title of Action/Parties in Fort Wayne, Indiana
The action for dissolution of marriage is filed in the Circuit Court. The action that begins the process of the divorce proceedings is called the Petition for Dissolution. The action that removes your marriage is known as Judgment for Dissolution of Marriage. The person who files for divorce is the Petitioner and the other spouse is the Respondent.
Legal Separation in Fort Wayne, Indiana
If you and your spouse have been living away from each other but aren’t seeking a divorce then you can look toward a judgment of legal separation. In Indiana, legal separation allows the parties to request court orders on various divorce-related issues such as spousal support or child custody, while remaining legally married.
Spousal Maintenance in Allen County, IN
The state of Indiana refers to “alimony” as “spousal maintenance.” This is intended to provide financial help for a spouse in need both during and potentially for some time once the divorce is finalized. Most states, including Indiana, have taken great strides toward revamping their alimony laws. Indiana works to restrict the duration of the payments as well as the circumstances in which judges may award maintenance. To receive spousal maintenance in Indiana, parties must meet one set of the following conditions:
- Temporary Maintenance – A judge may choose to award a spouse temporary spousal maintenance while the divorce proceedings are in progress to try and maintain the status quo. The award must be “just and proper” according to Indiana law.
- Rehabilitative Alimony – This is the most common type of spousal maintenance awarded in the state of Indiana. It is designed to provide some assistance for a short period (but a maximum of three years) to a spouse while they work to become self-supporting. To award rehabilitative alimony, a judge must first consider:
- each spouse’s educational level when the couple first married and when they’re getting divorced
- each spouse’s earning capacity, including educational background, training, employment skills, work experience, and the length of employment or absence from the job market
- whether the requesting spouse interrupted education, training, or employment opportunities during the marriage to care for the children or home (or both), and
- the time and expense necessary for that spouse to get enough education or training to enter the workforce and find appropriate employment.
- Maintenance for Incapacitated Spouse – If a spouse is so physically or mentally incapacitated that they can’t support themselves, Indiana law allows judges to award maintenance for as long as the incapacity lasts. In this scenario, the judge will reserve the right to review and change this order at a later date, if necessary.
- Alimony for Custodial Parent of Incapacitated Child – A judge in Indiana may award maintenance if you meet both of these requirements:
- you’re the custodial parent of a child whose physical or mental incapacity makes it impossible for you to work outside the home, and
- you don’t have enough property (including assets awarded to you as part of the property division in divorce) to meet your financial needs.
- Indiana law does not specify how much the payments should be and for how long the payments should last. The judge will be able to decide what is appropriate under the individual circumstances.
Distribution of Property in Fort Wayne, Indiana
Indiana is generally considered to be an “equitable distribution” state, with just a slight difference. Most equitable division states allow the judge to divide a couple’s property and allocate their debts based on what is considered fair under the given circumstances. It is important to note that this does not necessarily mean a 50-50 split. In Indiana, the law requires that a judge start with a presumption that an equal division of a couple’s property is “just and reasonable.” It is then up to either party to object and present evidence as to why an equal division would not be fair.
Under Indiana law, a family law judge will divide all of the following property that the spouses own:
- property each spouse owned before the marriage
- property acquired through the couple’s joint efforts, and
- property that either spouse obtained during the marriage up until the couple’s final separation date (defined as the date they filed for divorce or filed for legal separation).
The only property in Indiana that is not subject to distribution in a divorce is the property that was acquired individually and after the date of filing for divorce or legal separation.
Child Custody (Parenting Responsibilities) in Allen County, Indiana
In the state of Indiana, parenting time guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful, and continuing contact with each parent. It is assumed that both parents nurture their children in important ways, significant to the development and well-being of the child. The guidelines also acknowledge that scheduling parenting time is more difficult when separate households are involved and require persistent effort and communication between parents to promote the best interest of the children involved. Contact an Indiana child custody lawyer at Stange Law Firm to learn more.
Child Support in Fort Wayne, Indiana
After a divorce or legal separation in Indiana, both parents are required to provide ongoing financial support to their children. The noncustodial parent is typically responsible for a larger financial contribution and is typically the one who makes the child support payments.
In Indiana, child support is calculated based on guidelines that utilize weekly gross income as its basis. Gross weekly income includes:
- wages, self-employment, rent, and royalty income
- commissions and bonuses, and
other forms of irregular income
Name Change in Allen County, IN
A spouse may request a name change back to their former or maiden name. This request may be granted by the court upon the divorce.
Contact Our Fort Wayne, Indiana Divorce Lawyers Today to Schedule a Consultation in Allen County, IN
When you have a family law case and need representation in the Allen County, Indiana area, our attorneys at our family law office in Fort Wayne are ready to help. The attorneys of Stange Law Firm know how important family is to you and are ready to lead you through your case.
Allen County (Fort Wayne), Indiana Office (260-802-4402) | 110 E. Wayne St., Suite 1236, Fort Wayne, Indiana 46802 (Opening 3/18/24!)