Once a divorce has been filed both parties are typically surprised that some of the facts that they thought they knew about divorce in Indiana are false. In this blog we will attempt to review some of the more common divorce myths that we hear at Halcomb Singler, LLP.
Myth #1: A bank account in my name is mine alone.
False. Even a bank account in your name is considered marital property. The divorce court will consider all of the bank accounts, regardless of how they are titled in determining a division of marital assets.
Myth #2: It matters which party files for divorce
False. In most situations it really doesn’t matter whether the husband or wife files for divorce. The date of the filing of the divorce is important because it is the date on which the Court would measure the assets of the party for division of the marital estate. However, there is not usually a reason to run to the courthouse to get your petition on file.
Myth # 3: My spouse cheating will result in me getting more money in the divorce
False. While a lot of people believe that if a spouse cheated, that he or she will be “taken to the cleaners” in a divorce proceeding. This is simply not true. Indiana is a no fault divorce state. This means that no matter how bad the acts of your spouse, it is not likely that the Court would consider those acts in the division of the marital estate.
Myth #4: I am not and will never be responsible for my spouse’s credit card debt
False. There is a presumption of equitable division of assets and liabilities in Indiana divorce. As a result, if your spouse had significant credit card debt during the marriage that you did not incur, it will still be divided by the Court. However, you may be able to make a compelling argument to a judge that an equal division of the debt would be unreasonable. Depending on the specific facts of your case the Judge may decide that your spouse should be responsible for a majority of the credit card debt.
Myth # 5: All divorce proceedings end through a trial
False. Most divorces can be resolved without a trial, which is often referred to as a final hearing. The parties to a divorce, through their attorneys, are often able to negotiate a resolution to all the aspects of their property settlement, child visitation, child custody and child support. Divorce litigants also utilize mediation often in an attempt to come to an agreement without the additional time and expense of trial. At a mediation the parties are present with their attorneys and a mediator. A mediator is an attorney certified to assist people in family law cases to facilitate agreement and/or settlement. These mediation sessions often last 8 hours or more in a complicated divorce case.
If you are in need of a divorce attorney and live in Indianapolis or the surrounding area call us at (317) 575-8222 for an appointment for a consultation regarding your divorce in our Carmel, Indiana office.