No attorney should weigh in on this issue.  It is a deeply personal decision, and in times perhaps not the right one.  By the time a client comes to me, the decision to get divorced has been made already.  I personally do believe in the institution of marriage, even as a cynical divorce attorney.  And so I know that by the time a person comes to me having decided to file a Petition for Dissolution of Marriage, That said, an attorney can be a resource to help a potential party to a divorce know what life may look like on the other side. What assets can you hope to receive? Will you receive child support, or will you pay it? What will happen to the business you or your spouse owns? Understandably, these questions can weigh into the decision to get divorced on the very practical side. An attorney can help answer these questions.

No.  A Court will grant a divorce whether you have an attorney or not.  But you very likely do need an attorney if you want to ensure that you receive that which you are entitled to under Indiana law.  Attorneys (well, the good ones) also help steer parents towards becoming better co-parents.  We are excellent at advocating on behalf of parties who have somewhat lost their voice or ability to advocate for themselves over the course of a relationship.  We can identify assets you may forget, and ensure that you are protected as much as possible in the future. Even in cases where parties get along, an attorney can draft and file the agreements, and move you through this difficult time.

Absolutely.  Settlement options will always be explored first.  This is the most efficient way to resolve any issue, including division of assets, custody, parenting time, and child support.  Agreement tends to save money on attorneys fees, guarantee that the parties are at least achieving a result they can live with.

Almost all family law attorneys bill at an hourly rate, and so the cost will be entirely dependent on how much time he/she spends on the case.  This will be determined by the complexity of the issues, the particular needs of the client, and the behavior of the other party.  Two cases with identical fact patterns can have vastly different attorneys fees depending on how much work it requires to achieve the desired result.  Where the result often determines such important issues as time with one’s children or preservation of one’s life savings, it can result in some heated litigation.  As the client you can always feel free to discuss the costs of various options throughout the representation.

Indiana has what is colloquially known as a “cooling off period” of 60 days.  This means that the Court cannot grant a dissolution of your marriage (divorce) until 60 days have passed since the Petition for Dissolution of marriage is filed.  In cases where there are disputed issues, it is reasonable to expect this to take longer.

Either party can win custody of children in Indiana.
The key term to remember is that Judges are to make a ruling which serves the best interests of the children.  As so many parents in divorce are learning to become single parents for the first time, you attorney should be able to tell you what kind of communication and actions will be seen by the Judge as serving the best interests of the children.  Following these recommendations can have the dual benefit of increasing your chance to achieve the custody and parenting time Orders you want, while simultaneously benefiting your child(ren).

The support of children to unmarried or separated parents is required by statute.  The appropriate amount of child support from one party to the other is determined through the application of the Indiana Child Support Rules and Guidelines.  Indiana has attempted to simplify this determination by utilizing a formula, wherein essentially 5 different values are used to reach a recommended support obligation.  Of course, there are many grey areas that often come up, and these can have a drastic effect on the recommended child support obligation.  An attorney will be able to identify these, and should be able to inform you of what you may reasonably expect.

Yes.  You must meet certain statutory requirements and prove to the Judge that the modification is in the best interests of the child(ren), but modifications are common.

The short answer is no.  Indiana Judges cannot Order one party to pay alimony to the other party.  A party may willingly agree to pay alimony, but given that he/she knows that a judge will not Order it at a hearing, there is almost no incentive for him or her to  agree to do so, and it almost never happens.   Indiana does grant spousal maintenance under limited circumstances.  This can come in the form of payments both preliminary (before the divorce has been granted) or rarely after the divorce has been granted, but again these circumstances are rare and must be proven to the Court.

Indiana is a “no fault” state in divorce, meaning generally your divorce will be granted whether your spouse had an affair, or whether you have irreconcileable differences over how loudly they chew while watching television.  The reason for the divorce does not matter, and you generally should not expect to receive greater assets in the divorce even if your spouse cheated. There are limited circumstances where evidence of your spouse’s affair may be presented to the Court, but only when they have a direct impact on your case, such as if the affair reflects in an important way on parenting, or if, for example, significant marital funds were spent on this non-marital purpose.