An Experienced Property Division Attorney In Richmond, Indiana
One of the most complicated issues any couple faces in a divorce is dividing up their assets and debts. A fair split is critical when you are trying to move forward and rebuild your life.
I am attorney Jeff Arnold, at Arnold Law Office. For more than 30 years, I have guided clients in Richmond, Indiana, and Wayne County through the intricacies of the family matters including, marital property division process. I will help you understand what to expect and fiercely protect your interests.
What Does Indiana’s Property Division Laws Say?
Indiana is an equitable distribution state – but with a few unusual twists:
- There is no concept of separate property in Indiana. Everything you brought into the marriage and everything that you acquired after marriage but before your separation from your spouse is subject to division.
- The default presumption by the courts is that all marital property should be divided equally, or 50/50, between the spouses – although this presumption is rebuttable.
Once the marital property has been identified and valued, either side can challenge the equal distribution as unreasonable or unjust.
What Factors Will The Court Consider When An Even Split Is Challenged?
When couples cannot agree on what is fair, Indiana judges can move away from the default presumption and order an unequal division of the marital property by considering things like:
- One spouse contributed more effort to the acquisition of marital property
- One spouse wasted marital assets frivolously or maliciously
- Certain gifts or inheritances were specifically intended by the donor to go to one spouse
- An equal division of the property would cause one spouse undue financial hardship
- The uneven earnings capacity or income of each spouse
When the circumstances warrant it, I have the skills and know-how to effectively demonstrate to the court that an equal share of the marital property is not an equitable share.
Speak To A Property Division Lawyer Today
Ending a marriage, whether long term or brief, can be a frustrating experience for anybody. I help my clients cut through the confusion and aim to negotiate the best marital property division agreements possible for each situation. Call me at 765-598-4269 or use my online contact form for experienced legal guidance today in Richmond or throughout Wayne County.