FAQ

In Indiana, a minimum of 60 days must pass from the date of the filing of a petition for dissolution before a decree of dissolution may be entered. This time limit is set by Indiana law and cannot be revised. Thus, even if your case is uncontested, a divorce cannot be legally finalized until 60 days after the petition is filed. This does not mean you are barred from reaching an agreement during the waiting period, and many parties do in fact resolve a case and then wait to file the settlement documents until 60 days have passed.

Student loan debt that was accrued by one spouse before the marriage is typically considered separate property in divorce, so the other spouse won’t have to worry about paying it. If the student loan debt was accrued during the marriage, it still might entirely belong to the spouse who needed the loan to complete an educational degree. Indiana is an equitable property state, which means that marital property is divided based on what is fair, so it isn’t always 50/50. If the court thinks it would be unfair to divide the student loan debt when the degree mostly benefits just one spouse, then that one spouse might be required to repay the debt on their own after divorce.

When selling a marital home during a divorce in Carmel, Indiana, capital gains tax may apply if the profit exceeds $250,000 for single filers or $500,000 for married couples filing jointly, provided the home was the primary residence for at least two of the last five years. The profit from the sale is usually split between spouses, potentially lowering individual tax liability. Additionally, any transfer of property due to divorce is generally not subject to taxes, meaning if you keep the marital residence, that will not result in a tax obligation. For more detailed information about the tax implications of selling a marital home during divorce, we can direct you to a tax attorney we trust.

A divorce lawyer from our firm can help you with business valuation during divorce. Using our reputation and resources, we may be able to work with financial experts to accurately assess the worth of the business, considering assets, liabilities, and income. Such third-party experts help ensure that the valuation process is fair and complies with state laws and expectations. During property division discussions, our attorneys can negotiate a division of the business that aligns with equitable distribution rules, which may involve buyouts or other arrangements to avoid disrupting the business operations.

If your spouse hides assets during a divorce in Indiana, you and your attorney can and will seek information from the other party, and if necessary request the court compel full financial disclosure through legal tools like subpoenas and court orders. Depending on the total value or type of assets you think are hidden, we may also recommend hiring forensic accountants who specialize in uncovering hidden assets. If the court finds that your spouse deliberately concealed assets, it can impose penalties, including awarding a larger share of the marital estate to you or sanctioning your spouse legally and financially.

Going through a divorce can be emotionally and psychologically stressful, even if starting the divorce was your idea. You might find that you would feel more confident if you had a support group to lean on when the stress of divorce gets to be a bit much. Psychology Today has a helpful list of various support and wellness groups, which you can search for based on your location, such as Carmel, Indiana. Click here to see if any interest you. (Roberts Means Roncevic Kapela LLC is not associated with or sponsored by Psychology Today or any of the support groups it lists.)

Filing for divorce in Carmel will usually include a court filing fee that ranges from $150 to $180 (circa 2024). Additional costs may include service fees for delivering divorce papers, which can range from $100 to $150, depending on the method used. If the divorce involves further motions or orders, each may incur separate fees, potentially increasing the overall cost.

If you are served divorce papers, the first step is to read the documents carefully to understand the claims and deadlines. The next step should be to consult with a divorce attorney from our firm, preferably within the same day that you get the divorce papers, so we can discuss your legal options and draft a response. If you hire our attorneys to represent and guide you, we can prepare to file your formal response with the court before any deadlines expire.

You can address pet custody during a divorce, as Indiana courts recognize pets as personal property. You and your spouse can negotiate an agreement regarding pet custody, visitation, and care, which can then be incorporated into the divorce agreement. If an agreement cannot be reached, the court may decide based on the best interest of the pet and factors such as who has primarily cared for the pet. Unless the divorcing spouses specifically request some sort of visitation or split pet custody agreement, though, the court will usually give sole ownership of a pet to one spouse.

A collaborative divorce in Indiana involves both parties working with their attorneys and other professionals to negotiate a mutually acceptable settlement out of court, focusing on cooperation and open communication. In contrast, a traditional divorce often involves litigation, where each party's attorney advocates for their client's interests in court, potentially leading to a more adversarial process. If a collaborative divorce is not successful, however, the parties must then proceed with a traditional divorce. Our team would be happy to discuss the pluses and minuses of each option.