Divorce is not only a legal process. It is a major life transition that affects your finances, your children, and your future. Many people feel overwhelmed at the beginning because there are so many unknowns. You may be asking who keeps the house, how custody works, and what happens to retirement accounts. You may also be dealing with conflict, betrayal, or fear about what comes next.

At Eskew Law, we represent clients in Fishers and throughout Hamilton County in divorce and family law matters. If you are searching for a Fishers divorce lawyer, you deserve clear guidance, honest expectations, and a strategy built around your goals. Our job is to protect your rights and help you reach the best possible outcome.

We handle both contested and uncontested divorces, including cases involving custody disputes, high-conflict co-parenting, property division, and support issues.

Quick Summary: Divorce In Fishers, Indiana

Divorce can feel complicated, but the process becomes manageable when you understand the basics.

Key Takeaways

• Indiana requires at least one spouse to meet residency requirements before filing
• Indiana is a no-fault divorce state, meaning fault is not required to file
• Most divorces involve decisions about property division, parenting time, and support
• Temporary court orders can set rules while the divorce is pending
• A Fishers divorce lawyer can help you protect assets and build a custody plan

Why Hiring A Fishers Divorce Lawyer Matters

Divorce agreements become court orders. A rushed or poorly structured settlement can create problems for years. It can impact your finances, your parenting rights, and your ability to move forward.

A divorce attorney helps you avoid common traps, including:

• Agreeing to unfair parenting time schedules
• Giving up financial rights without understanding the value
• Missing hidden assets or income
• Accepting support terms that are unrealistic long-term
• Failing to plan for taxes, retirement accounts, or debt

We approach divorce with a practical mindset. We focus on outcomes, not drama. We also understand the local process and expectations in Hamilton County courts.

Indiana Divorce Requirements

Indiana has specific requirements for filing divorce.

Residency Requirements

At least one spouse must have lived in Indiana for at least six months before filing. At least one spouse must have lived in the county where the divorce is filed for at least three months.

Many divorces for Fishers residents are filed in Hamilton County.

No-Fault Divorce In Indiana

Indiana is a no-fault divorce state. This means you do not have to prove wrongdoing to file. The legal basis is typically “irretrievable breakdown of the marriage.”

Fault can still matter in certain practical ways, such as financial misconduct or behavior that impacts children, but it is not required to obtain a divorce.

The Divorce Process In Fishers

Every divorce is different, but most cases follow a similar structure.

Filing And Service

Divorce begins when one spouse files a petition. The other spouse must be formally served.

Temporary Orders

Many couples need temporary rules while the divorce is pending. Temporary orders can address:

• Parenting time and custody schedules
• Child support
• Use of the marital home
• Responsibility for bills
• Temporary spousal support in some cases

Temporary orders can shape the final outcome. That is why early legal strategy matters.

Discovery And Negotiation

In contested cases, both sides exchange financial information. This may include income records, retirement accounts, debts, and property documentation. Settlement negotiations often occur during this phase.

Final Hearing

If the parties agree, the court can approve a settlement. If they do not agree, the case may go to trial where the judge decides unresolved issues.

Divorce Issue	What Indiana Courts Focus On	What Can Help Your Case
Property Division	Fair (equitable) division of marital assets and debts	Full financial disclosure, documentation, asset tracing
Child Custody	Best interests of the child	Stable routines, involvement in school/medical care, safe home environment
Parenting Time	Consistent schedule that supports the child	Practical parenting plan, communication boundaries, guideline compliance
Child Support	Guideline-based calculation	Accurate income records, childcare/insurance documentation
Spousal Maintenance (Alimony)	Limited situations under Indiana law	Proof of incapacity, caregiving demands, or rehab plan
Temporary Orders	Stability while divorce is pending	Early filings, clear evidence of need, strong proposed plan

Property Division In Indiana Divorce Cases

Indiana uses equitable distribution. This means the court divides marital property fairly, not necessarily equally.

Marital property can include assets and debts acquired during the marriage. It can also include certain property owned before marriage if it became mixed with marital assets.

Property division often involves:

• The marital home and real estate
• Vehicles
• Bank accounts
• Retirement accounts, pensions, and 401(k) plans
• Business interests
• Credit card debt and loans

Courts consider multiple factors when dividing property, including contributions to the marriage and economic circumstances.

Child Custody And Parenting Time In Fishers

Custody is one of the most sensitive parts of divorce. Indiana courts focus on the best interests of the child. The court may award legal custody, physical custody, or both.

Legal custody involves decision-making authority. Physical custody involves where the child lives.

Parenting time is typically structured using the Indiana Parenting Time Guidelines. A Fishers divorce lawyer helps you build a plan that protects your relationship with your child and supports stability.

Courts may consider:

• The child’s age and needs
• Each parent’s ability to provide care
• Work schedules and availability
• School location and routines
• Any history of domestic violence or substance abuse
• The child’s relationship with each parent

We help clients create parenting plans that are realistic, enforceable, and designed for long-term success.

Child Support In Indiana

Child support is calculated using statewide guidelines. Support typically depends on income, parenting time overnights, childcare expenses, and health insurance costs.

Support is not optional. It is a legal obligation. Courts may also order payment of medical expenses and extracurricular costs depending on the situation.

We help ensure support calculations are accurate and based on complete financial information.

Spousal Maintenance And Alimony In Indiana

Indiana uses the term spousal maintenance rather than traditional alimony. Maintenance is limited and not awarded in every case.

Maintenance may be awarded in certain situations, such as incapacity, caregiver circumstances, or rehabilitative support.

If spousal maintenance is an issue in your divorce, you need an attorney who understands what Indiana law allows and how to present strong evidence.

Common Issues That Create Conflict In Divorce

Some divorces move smoothly. Others become high conflict due to finances or parenting disputes.

Common High-Conflict Divorce Issues

• Hidden income or underreported earnings
• Disagreements about custody schedules
• Relocation concerns
• Business ownership and valuation disputes
• Infidelity-related spending or dissipation of assets
• Refusal to cooperate with discovery

Eskew Law knows how to handle high-conflict divorce situations. We use legal tools to protect you, including court motions, subpoenas, and structured discovery.

How Long Does Divorce Take In Fishers

Indiana has a mandatory 60-day waiting period after the divorce is filed. This is the minimum timeline.

Uncontested divorces can sometimes finalize soon after the waiting period. Contested divorces often take longer due to discovery, negotiation, and court scheduling.

Factors that affect timeline include:

• Complexity of assets
• Custody disputes
• Cooperation between spouses
• Court availability in Hamilton County

We help move your case forward efficiently while still protecting your interests.

How Eskew Law Helps Clients Through Divorce

Divorce is stressful. Our role is to provide stability, strategy, and clear communication.

When you work with our firm, we help you:

• Understand your rights and realistic outcomes
• Protect marital assets and financial interests
• Build custody and parenting time plans
• Negotiate strong settlements when possible
• Litigate aggressively when needed
• Draft enforceable agreements and court orders

We do not take a one-size-fits-all approach. We tailor strategy to your situation and goals.

Frequently Asked Questions About Divorce In Fishers

Do I Have To Go To Court For Divorce

Not always. Many cases settle without trial. A final hearing is still required, but it can be brief if there is an agreement.

Can I Move Out During Divorce

You can, but it can affect custody and finances. Speak with a Fishers divorce lawyer before moving out.

Can My Spouse Stop The Divorce

No. Indiana allows divorce based on irretrievable breakdown. One spouse can proceed even if the other disagrees.

What If My Spouse Is Hiding Assets

We can use discovery tools to uncover financial information and hold them accountable.

How Much Does A Divorce Lawyer Cost

Cost depends on complexity and conflict level. We will discuss fees during your consultation.

Talk To A Fishers Divorce Lawyer Today

Divorce is difficult, but you do not have to go through it alone. The choices you make now can affect your finances and family life for years. Getting legal guidance early can protect you and reduce costly mistakes.

Contact Eskew Law today to speak with a Fishers divorce lawyer. We will listen to your goals, explain your options, and build a plan to help you move forward.