Last updated 9 days ago
Going through a divorce can be a difficult process. When getting a divorce, remember that both you and your partner will be a healthier place when the process is completed, so you should try your best to keep the divorce process focused and civilized. If you are unsure about what you should and should not do during a divorce, take a look at the etiquette tips listed below.
Do Not Discuss Legal Details with Friends or Family
During the process of the divorce, it is important that you do not discuss legal details outside of the courtroom or your lawyer’s office. While your friends and family members may ask about the divorce because they are concerned about your wellbeing, it is best to avoid discussing the legal details, as you may become angry and say things that impact your case. Both during and after the divorce, you should not use social media websites as an outlet for your frustrations with your spouse—information you post there may be seen by your spouse and may possibly be used against you in court.
Avoid Putting Your Children in the Middle
If you and your spouse have children, it is essential that you do your best to maintain a healthy relationship with your spouse. Do not put your children in the middle of arguments between you and your spouse. Do not try to turn your children against your spouse, and do not ask your children for details after they have visited their other parent. The process of divorce is always difficult for children. It is important that your children know that both parents love them even if their parents cannot live in the same house anymore. Sometimes, you may not be able to maintain a good relationship with your spouse. If you are in this situation, a parenting class for families in the divorce process may help you deal with the issues you are experiencing. In fact, most courts in Indiana require that you complete a similar class before a divorce can be finalized.
Allow for Polite Communication
It is important to keep the lines of communication with your spouse open throughout the divorce process. If your ex-partner would like to discuss details about the divorce or your family, allow him or her to do so without becoming angry. Keeping your communication direct and businesslike can make the process easier for both of you. If you cannot communicate well in person or over the phone, try exchanging emails instead.
If you are preparing to file for divorce, the attorneys at Ruppert & Schaefer, PC can help. We have decades of experience handling divorce cases. To schedule an appointment, call our Indianapolis office at (317) 580-9295.
Last updated 18 days ago
Ruppert & Schaefer often receives questions from potential clients trying to decide if they need to consult with a lawyer about a possible divorce or legal separation. There are many factors to consider when dividing assets and determining custody of children. Talking to an attorney will help you answer the following questions:
If the parties haven't already separated, does the husband or wife want a physical separation during the proceedings? If it is desired but hasn't happened yet, a decision must be made as to whether the parties can reach an agreement or if they need the court to decide how property, assets, and debts will be divided.
Was there physical violence during the marriage? Did it involve the children? If there was abuse, a decision must be made as to whether or not to pursue a protective order.
Should the husband or wife have possession of the marital residence during the separation?
Individual and joint financial obligations must be considered and a plan made for which party will be responsible for which debt or obligation.
Indiana doesn't have alimony but it does have spousal maintenance in certain circumstances. Does the husband or wife need this support during the proceedings? If so, how will it be paid? Will it be taxable or non-taxable to the recipient?
What does physical custody mean? Should one party have primary physical custody of the children or should they have joint custody? Should the other party have parenting time? If so, how much and when?
What does legal custody mean? Should the parties share joint legal custody and make child-rearing decisions together or would it be better if one parent had sole custody?
Does child support need to be paid? If so, to which parent and how much should it be? Many factors are considered in determining support amounts including: the parties' income, work-related childcare expenses, which parent will be providing health insurance coverage, and how much parenting time the noncustodial parent will have. There will also be a determination of payments for uninsured health care expenses.
Do post-secondary or college expenses need to be addressed? If so, how much will each parent have to pay? Will the child be required to contribute?
What does the marital estate consist of? How much are the assets worth and do we need an appraisal? How do I find an asset that my spouse has hidden? Marital assets and debts must be identified and valued. After the value of the marital estate is determined, how should it be divided?
Can spousal maintenance continue after the divorce?
Should one party contribute or even be held responsible for the other party's attorney's fees and costs?
If you need answers to these questions or have other unique circumstances to discuss, call Ruppert & Schaefer at (317) 580-9295 to schedule a consultation with one of our attorneys.
Last updated 25 days ago
When you end your marriage through divorce, the property that you and your partner own is divided between the two of you. How your assets are divided depends on a number of factors, including the value of those assets, how and when the assets were acquired, and the specific laws in your state.
In Indiana, any property that either spouse owns will be marital property. This includes property that was paid for with earnings, inherited, or given to either spouse. If either spouse owns or has an interest in property at the time the divorce is filed, that property will be marital property. In Indiana, marital property is generally split equally between the spouses during divorce.
The division of property can be one of the most confusing aspects of divorce. To ensure that you come out of your divorce with all of the assets you deserve, it’s important to consult an experienced divorce attorney like the ones at Ruppert & Schaefer, PC of Indianapolis. To schedule a consultation with one of our lawyers, call us at (317) 580-9295.
Last updated 1 month ago
Acknowledging the signs that your marriage should end can be very difficult. However, ending a marriage that is no longer working can help both you and your spouse come to better places in your lives and become happy again. If you are wondering if it’s time to contact a divorce lawyer, consider the signs listed below.
Counseling Has Not Helped
It is normal to not want to file for divorce at the first sign of trouble. Marriage counseling can be an effective solution for some couples who are facing marital issues. However, if you and your spouse have attended several counseling sessions but have made no progress in repairing your relationship, it may be time to file for divorce.
You Imagine Life without Your Spouse
Do you find yourself daydreaming about living your life without your spouse? Does living independently seem more appealing than continuing your relationship together? If your answer to either of these questions is yes, it may be time to file for divorce. Thinking about life without your spouse does not necessarily mean imagining yourself with a new partner—if the thought of just being out of a relationship seems like a relief, it may be time to contact an attorney.
One or Both of You Has Given Up
If you feel that there is no reason to try to make your relationship work or if it seems that your spouse has stopped trying, you should consider divorce. Feeling hopeless about your marriage can indicate that you are no longer as emotionally invested in the relationship as you should be.
Cheating Has Occurred
When a spouse is unfaithful, it is often a sign that he or she is unhappy with the marriage and that the relationship is over. Whether it is you or your partner who has cheated, this type of behavior should be taken as a sign that it’s time to look into divorce.
The attorneys at Ruppert & Schaefer, PC can help you file for divorce and fight for the best possible outcome. We handle high-asset divorce cases, child custody cases, property distribution, and more. Contact us online or call (317) 580-9295 to find out more.
Last updated 1 month ago
If you are going through a divorce, it’s important to remember that you are not alone. Realizing that it is time to file for divorce is something that thousands of other individuals go through each year, and it is likely that you have a friend or family member who has also gone through the divorce process.
According to the CDC, 6.8 Americans out of every 1,000 got married in 2011, while 3.6 out of every 1,000 went through divorce. The divorce rate has decreased since 2001, when 4 Americans out of every 1,000 divorced. A total of 877,000 divorces and annulments occurred in the United States in 2011.
You can get the legal help you need to file for divorce from Ruppert & Schaefer, PC. Our attorneys have years of experience handling divorce and custody cases. You can reach our Indianapolis law office at (317) 580-9295.