Ruppert & Schaefer, PC

Educate Yourself about Your Divorce Options with These Helpful Resources

To find out more about divorce, take a moment to look through these links. You’ll discover great information about the process of dissolving a marriage. If you need a divorce attorney, call Ruppert & Schaefer, P.C. at (317) 660-8243.

• Learn more about divorce with this glossary of important terms from the American Bar Association.
• For an example of the way that Indiana family courts calculate child support payments, take a look at this case.
• Indiana follows the principle of equitable distribution when dividing marital property, but some other states have community property laws.
• To make your divorce as easy as possible, try following the tips provided in this article from The Huffington Post.
• This guide gives a great overview of divorce which you can use to better understand the legal process.

Family Law: Property Distribution

During a divorce in Indiana, spouses have the option of negotiating an agreement to divide marital property. If they cannot agree on a solution, the court will divide marital property based on the principles of equitable distribution.

Equitable distribution does not necessarily mean that the property will be divided in half between two spouses. Instead, the court will consider child custody arrangements and each spouse’s financial situation, ability to earn income, and conduct during the marriage when dividing property.

The 4 Main Areas of Family Law Appeals

Though family courts try to be fair, divorced spouses are sometimes dissatisfied with proposed divorce arrangements. If one party feels the court has misinterpreted the evidence or abused its discretion, he or she may file an appeal to a higher court. Most appeals concern one of these four issues:

• Relocation. When a parent decides to move, he or she must file a notice with the court, even if staying within the state. The other parent has 60 days to object to the relocation on the grounds that it will interfere with the terms of the parenting agreement. This can become an especially contentious issue if the custodial parent is attempting to move out of state with the child, as it hinders the other parent’s ability to spend time with the child.
• Child custody. Indiana’s family law courts assume that it is in the best interest of a child to spend as much time as possible with each parent, barring any factors that would create an unsafe or unhealthy environment. The courts will try to establish a parenting time agreement that accomplishes this objective. However, parents sometimes feel that they are not being allocated the time with their child that they deserve, leading to an appeal.
• Child support. When calculating how much child support the non-custodial parent must pay to the custodial parent, courts consider the needs of the child and the income or earning capacity of each parent. This is not always an easy task, and a parent may object if he or she feels that the financial situation has not been correctly evaluated. In these cases, the parent may ask the court to reconsider the proposed arrangement.
• Property division. Under Indiana’s system of equitable distribution, marital property is divided fairly between each spouse considering financial situations and the events that occurred during the marriage. This is a delicate task that can lead to appeals when one spouse is dissatisfied.

Call Ruppert & Schaefer, P.C. at (317) 660-8243 today to schedule an appointment with a divorce attorney. We will work with you and the courts to get the settlement that you need.

How A Divorce Attorney Can Help You Get the Divorce Settlement You Deserve

During a divorce, you need an attorney on your side to help you get the financial and child custody settlement you deserve. Read on to find out just a few of the ways a divorce attorney can help you protect yourself during a divorce.

Advocate for Your Property Rights

Because Indiana is an equitable distribution state, marital property does not have to be divided exactly evenly. Instead, it must be divided in a way that is fair to both spouses, taking into account income, earning capacity, and events that took place during the marriage. This system is open to interpretation, and you need someone on your side to help you get your fair share of the marital property.

Protect Your Separate Property

If you have a prenuptial agreement, assets that you owned before the marriage and in your own name be treated as separate property and not be subject to distribution during a divorce. However, your spouse may try to argue that certain items became marital property or were never really separate property. To protect your rights, you need an attorney who understands Indiana’s property and prenuptial laws.

Determine an Appropriate Child Custody Arrangement

Developing a custody plan that is best for you, your spouse, and your child can be incredibly difficult. Your spouse’s attorney may try to skew the arrangement in a way that limits your time with your child or leaves you with an unfair financial burden for child care. Parenting agreements in Indiana can be complex, with child support calculated using complicated formulas. Do not try to handle this matter yourself. You need an attorney who can protect your rights in court and help you maximize the time you spend with your children.

With more than 70 combined years of experience, the attorneys at Ruppert & Schaefer, P.C. help clients obtain divorce settlements that allow them to move forward with their lives. If you need an advocate on your side during divorce proceedings, call (317) 660-8243 to make an appointment in our Indianapolis office.

Ruppert & Schaefer, P.C. Attorney Spotlight: Lainie A. Hurwitz

Areas of Practice: 

100% Family and Domestic Law

Litigation Percentage:

100% of Practice Devoted to Litigation

Certification/Specialties:

Domestic Mediator, Indiana State Bar Association, 2004

Bar Admissions:

Indiana, 1998

U.S. District Court Northern District of Indiana, 1998

U.S. District Court Southern District of Indiana, 1998

Education:

University of Dayton School of Law, Dayton, Ohio, 1998
J.D.

Indiana University, Bloomington, Indiana, 1995
B.S.
Major:  Business

Learn more about Ruppert & Schaefer attorney Lainie A. Hurwitz.