Carmel Family Lawyer

In Indiana, either party can file for divorce without having to prove fault by the other spouse. While no-fault divorce laws make it simple to file, the case itself can be complex, emotional, and time-consuming. Division of marital assets in Indiana dissolutions must always be addressed during divorce, even when assets seem straightforward. Equitable division of property under state law requires a fair, if not exactly equal, division of marital property. 

Determining what is marital, what is separate, and how the assets should be divided is not an easy process. Skilled family law attorneys in Carmel can investigate and make sure all issues involving real estate and other property are covered.

Child custody decisions are made by courts based on the best interests of the children involved. The priorities and preferences of parents are considered, but a child’s welfare takes priority. When child custody is contested, parents will need to explain why their custody preference advances the best interests of the children involved. Some factors a court can consider include:  

• Ties to the neighborhood, community, and school
• The mental and physical health of everyone involved
• The age and sex of the child
• The relationship of the child with the parents, or any other person who may impact their best interests;
• Whether there exists a history of violence in the family
• Any special needs or extracurricular activities 
• The wishes of the parent of child, where appropriate.

With so much at stake, proper legal guidance can move clients closer to the positive outcomes they seek regarding custody and parenting time. 

Child support is a court-ordered financial payment from one parent to another for the child’s care and essential needs. Indiana’s Child Support Guidelines set child support guidelines for courts to follow when creating support orders. 

Child support guidelines factor in each parent’s income, the number of children involved, overnights spent between each parent and the children, and factors such as childcare and healthcare costs. One of our attorneys will investigate all facts and make sure the court has all information it needs to set a fair child support order. 

Divorce brings financial stress, often leaving one partner at an economic disadvantage. Indiana does not utilize a formal  “alimony” structure; rather, spousal maintenance may be available in limited circumstances, such as incapacity, caregiver responsibilities for an incapacitated child, or (in some cases) rehabilitative maintenance for a limited period. When one spouse needs assistance meeting their financial needs and maintaining the status quo, they can petition the court for spousal maintenance. Eskew Law attorneys can identify when spousal maintenance can be awarded and pursue an appropriate request or response. They will know how to seek temporary or long-term support orders from the court.