Halcomb Singler, LLP, is currently accepting divorce cases in Hamilton, Marion and Boone Counties in Indiana. At Halcomb Singler, LLP, we understand that divorce is often a very stressful event, and our compassionate attorneys are here to help. Each and every Carmel divorce case is different and our attorneys will serve as not only your advocate, but a voice of logic and reason through the process. The divorce process can take as little as a few months or as long as several years. As a result, it is of the utmost importance that you select a Carmel Divorce Attorney that you trust and respect. From the preliminary hearing through trial, Halcomb Singler, LLP, is here for our clients with clear advice and timely response. Our Carmel Divorce Attorneys can handle both straightforward divorces where the parties agree on division of assets/liabilities and child custody/visitation as well as highly contested divorces. Our goal is to advocate for our Carmel divorce clients without subjecting them to unnecessary litigation, stress and attorney fees.
Your Carmel divorce is an extremely important process that will often dictate the financial well-being of yourself and your children; as well as the amount of time you are able to spend with your children. In Indiana, when a divorce is filed then all of the spouses assets and liabilities are considered to be part of the marital estate. Your marital estate will include your home equity, cars, bank accounts, retirement accounts, businesses, pensions, cash value of life insurance policies, and any other assets. In addition, all of your liabilities are also taken into consideration. It is helpful to have a spreadsheet of the marital assets and liabilities so that the parties are able to determine how to divide the marital estate, which is formed on the date that the dissolution petition is filed.
There is a presumption that this marital estate (sometimes called the “marital pot”) is divided equally between the Carmel spouses. However, a court may vary from this 50/50 split based on the discretion of the Court. It is important to note that Indiana is a “no fault” divorce state, which means that the Court will not use fault such as the infidelity of one spouse, as a reason to deviate from the 50/50 split. However, there are situations in which the Court may take additional factors including, but not limited to: 1) one spouse having received a large inheritance, 2) largely disparate incomes between the spouses, 3) the fact that one spouse contributed significantly more assets to the marital estate, 4) the fact that one spouse came into the marriage with many more assets and, 5) and whether either spouse took part in dissipation of the marital assets.
In order to verify that the marital assets and liabilities are accurate, it is often necessary for the parties to engage in the discovery process. Discovery allows each party to ask the other party for documents and to answer questions relevant to the divorce process. In addition, it is sometimes necessary for the spouses to give deposition testimony regarding their assets and liabilities.
Once the discovery phase of the divorce proceeding has been completed, the parties, through their Carmel attorneys, attempt to negotiate a settlement agreement. If an agreement is reached it will include an agreement as to the division of the marital estate, legal and physical custody of any children, child support, child visitation, and many other miscellaneous provisions. Often, the parties will engage in the mediation process to determine whether a settlement can be reached through the assistance of a neutral third-party mediator. Finally, if no settlement can be reached, the parties will have a final divorce hearing.
At a final divorce hearing each of the parties will have the opportunity to present all of the evidence they have to the judge. A final hearing is subject to the Indiana Rules of Evidence and is a formal proceeding. Often, the final hearing cannot be accomplished in only one (1) day. When this happens it is typically at least a month before the Court has another half or full day available to listen to the remaining portion of the final hearing. Even once the final hearing is concluded, it may take several months to get a final order from the Court.
There are some Carmel divorces that are accomplished amicably without mediation, while others continue on for years due to disagreement between the parties, unrealistic expectations by one or both of the parties, due to different valuations of homes or businesses completed by the experts retained by the parties, or a variety of other issues. Halcomb Singler is to guide its clients through the divorce process regardless of whether their case takes sixty (60) days to resolve, six (6) years to resolve, or anywhere in between.
If you are interested in meeting with one of our Carmel attorneys to discuss divorce representation please feel free to contact our office at (317) 575-8222 or click here. Halcomb Singler does charge a reasonable flat fee to speak to a divorce attorney for one hour of $200.00, which will be applied to your retainer fee in the event you hire Halcomb Singler for your divorce case. At that meeting you will speak with an attorney privately to discuss your situation, ask questions and get an explanation of the divorce process in Indiana. When you decide that you would like to retain the services of Halcomb Singler, LLP, you will be quoted an initial retainer fee and asked to sign an engagement letter. However, there is certainly no requirement that you retain the services of Halcomb Singler after your initial meeting with one of our attorneys.
To obtain further information regarding divorce and family law issues in Indiana, click the links below. However, remember that this is general information and does not substitute for the advice of a qualified Carmel Divorce Attorney:
Let one of our Carmel attorneys at Halcomb Singler, LLP be your next Carmel Divorce Attorney. Our office is conveniently located at 789 W Main Street, just outside of the Carmel Arts & Design District with private parking. Contact us today for any questions.
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