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Indiana Divorce and Family Law

Divorce can be a very painful and traumatic experience for all involved. Essentially, divorce is a breakup of the family unit. Most people do not want to deal with the hassle of the legal processes associated with getting a divorce. At The Law Offices of Tony Zirkle, we realize the heavy burden divorce can be on your life, and our Lake County lawyers will make every effort to ensure that your divorce goes smoothly, and that your stress is minimized.

In Indiana, a petitioner can either file for a fault based divorce or a non-fault based divorce depending on the circumstances. Generally, no fault divorces can take more time and are contestable. However, in order to get a divorce based on a fault ground, the ground must be valid under Indiana law. In Indiana, the grounds for a fault based divorce are the conviction of a felony, impotence, and incurable insanity for a period of at least two years. IC 31-15-2-3 A petition can be filed on non-fault based circumstances for the irretrievable breakdown of the marriage. In either case, a final hearing for the dissolution of marriage cannot be conducted until 60 days have passed from the filing of the petition. IC 31-15-2-10

In most cases, the court will distribute property between the parties equally, and the party requesting otherwise will have to overcome the presumption that an equal division of the marital property between the parties is just and reasonable. IC 31-15-7-5 This presumption can be overcome however, by evidence of contribution to the acquisition of the property, of the way in which the property was acquired, and the economic circumstances of both parties.

In other cases, courts will look to the provisions of agreements made by the parties either before or during the marriage to govern the manner in which property will be distributed. Most commonly referred to as prenuptial agreements, these agreements can set out the terms by which property is to be distributed between the parties.

If you are going through a divorce, and need the assistance of a highly skilled lawyer, call The Law Offices of Tony Zirkle now! Our Crown Point, Indiana firm has experienced lawyers who know the ins and outs of the system, and can help protect your proprietary and paternal rights. It is important to hire an experienced and knowledgeable lawyer early on so that proper investigation can be done into the assets and dynamics of the family unit. Contact us now at our Crown Point office, and get a free consultation with one of our experienced and professional lawyers.