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Divorce Attorney in Indianapolis, IN

Divorce is one of the hardest things a family goes through, and it often comes with questions about where the children will live, who keeps the house, and how the bills will get paid. In Indiana, divorce is called dissolution of marriage, and it covers the end of the marriage itself along with the division of property and debt, spousal maintenance, child custody, parenting time, and child support.

Indiana is a no-fault divorce state. Most divorces are filed on the ground that the marriage has suffered an irretrievable breakdown, so neither spouse has to prove misconduct. To file in Indiana, at least one spouse must have lived in the state for six months and in the county for three months before filing. A divorce can’t be finalized sooner than 60 days after the petition is filed, and the case can be resolved by a signed settlement agreement or decided by a judge after a final hearing. Indiana also allows legal separation for up to one year for couples who aren’t ready to end the marriage.

Indiana divides property under a presumption that an equal split of the marital estate is fair and reasonable. The marital estate generally includes everything either spouse owns, including property owned before the marriage and property received by gift or inheritance, along with the debts. Either spouse can ask the court to depart from an equal split based on factors like each spouse’s contribution, property brought into the marriage or inherited, each spouse’s economic circumstances, and the dissipation of assets. Spousal maintenance is more limited in Indiana than in many states and is generally available only when a spouse is incapacitated, when a spouse must care for an incapacitated child, or as rehabilitative maintenance for up to three years to help a spouse get education or training.

At RileyCate, we represent spouses in agreed and contested divorces, including cases involving children, businesses, retirement accounts, and significant debt. For questions focused on the children, see our Child Custody page, and our Father’s Rights in Divorce page covers issues many dads face.

A divorce settles issues that affect your family for years, and it deserves careful preparation whether the case settles or goes to a hearing. Keith L. Hancock leads our family law team. Keith is Of Counsel at RileyCate, LLC, and family law is the primary focus of his practice. His background includes work as a deputy prosecutor, deputy public defender, associate attorney, and founding member of his own prior firm, giving him a practical understanding of how cases are prepared, negotiated, and tried.

Keith personally oversees every family law matter we take on, working with the attorneys, associates, and staff the case calls for based on its size and complexity, so you get responsive, informed representation from the outset.

Why Choose Us

Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.

We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.

Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.

We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.

About RileyCate

A divorce can’t be finalized sooner than 60 days after the petition is filed. Agreed divorces are often finished within a few months, while contested cases involving custody or complex property can take a year or more. The court’s schedule also matters. An attorney can help you understand a realistic timeline for your divorce.
No. Indiana is a no-fault state, and most divorces are granted because the marriage has suffered an irretrievable breakdown. Neither spouse has to prove the other did something wrong. Indiana law lists a few other grounds, but they’re rarely used. An attorney can help you file correctly and move the case forward.
Indiana presumes that an equal split of the marital estate is fair and reasonable. The estate generally includes all property and debts of both spouses, including property owned before the marriage or inherited. Either spouse can ask for an unequal split based on factors like contribution and economic circumstances. An attorney can help you argue for a fair division.
Spousal maintenance in Indiana is limited. Courts generally award it only when a spouse is incapacitated, when a spouse must care for an incapacitated child, or as rehabilitative maintenance for up to three years to support education or training. Spouses can also agree to maintenance in a settlement. An attorney can help you understand whether maintenance is likely in your case.
The marital home is part of the marital estate. It may be sold with the proceeds divided, awarded to one spouse with an offsetting share of other assets, or kept for a time for the children’s stability. The mortgage and equity both matter. An attorney can help you weigh the options and protect your share.
Provisional orders are temporary orders that cover custody, parenting time, child support, use of the home, and payment of bills while the divorce is pending. They can set patterns that carry into the final decree. Requesting them early can protect your position. An attorney can help you seek or respond to provisional orders.
Many Indiana courts require mediation before a contested final hearing, and mediation resolves many divorces. A mediator helps the spouses reach an agreement but can’t force one. Being prepared with financial information and clear goals makes mediation more productive. An attorney can help you prepare and attend mediation with you.
A legal separation allows the court to address custody, support, and property use for up to one year while the spouses remain married. A divorce ends the marriage and permanently divides property. Some couples use legal separation while deciding next steps. An attorney can help you decide which option fits your situation.
Retirement accounts earned during the marriage, and often those earned before, are part of the marital estate. Dividing many retirement plans requires a separate order called a qualified domestic relations order to avoid taxes and penalties. Mistakes can be costly. An attorney can help you value and divide retirement accounts correctly.

If you’re considering divorce or have been served with divorce papers, understanding your rights early can protect your children and your finances. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a divorce attorney.

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