Get Divorce Help From an Experienced Attorney
Property division is a major aspect of most divorce cases and can be a source of stress for many people. While your property may appear as dollar amounts on a page to an accountant, you likely have a personal attachment to many of the things you and your spouse own.
A knowledgeable divorce lawyer can help you pursue a fair property division outcome. I am attorney Lawrence C. Arany, a certified Indiana family law specialist, and I have helped many clients through the property division process. Contact me at my offices in Indianapolis to discuss your options.
Pursuing a Fair Split of Assets and Debts
Indiana's property division law is called equitable distribution. "Equitable" means that the court has the authority to approve different types of resolutions based on what is right for the specific parties involved. It does not necessarily mean "equal."
One common misconception is that divorce automatically means a 50/50 split of all the spouses' property. While a 50/50 split is the starting point, this can be — and often is — modified in the interests of fairness and other factors.
Typically, the alleged misbehavior of one spouse or another is not relevant to the property division. One exception would be if one spouse dissipated (wasted) large amounts of property without the other spouse's knowledge or consent.
Most of my clients want to get a fair settlement so the marriage can be dissolved without the stress of a court trial. To get a fair settlement, first you have to know what is considered fair under the law. Then you can negotiate with your spouse based on that knowledge. If negotiations are not successful, mediation is available, and throughout the process, you keep your right to a fair trial if necessary.
Getting an Accurate Picture of the Marital Property
One issue that often comes up in property division cases is which assets (and debts) are subject to distribution as a part of the marital estate. In Indiana, all property owned by either spouse must be divided at the time of the divorce. That means that it is important to know exactly what your spouse owns (and owes).
In some cases, it may be necessary to conduct an investigation and accounting during the pretrial discovery period. I am experienced at pursuing these investigations so my clients can complete the divorce process fully informed of their rights. Contact me to discuss your property division concerns.