Initially posted: 1/07/2025 family law – divorce blog by Attorney Sly Ayoubi
Divorce is undeniably one of life’s most challenging transitions. It’s a time when emotions run high, but clarity and preparation are your greatest allies. At Sly Law, we believe in empowering clients with the knowledge to protect their rights and secure their future. Let’s explore some essential best practices for navigating divorce in Indiana, sprinkled with professional insights, practical tips, and a bit of wisdom along the way.
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Property Division: Why It’s More Than Splitting the Pie
In Indiana, property division follows the principle of “just and reasonable,” governed by Indiana Code § 31-15-7-4. While courts presume an equal 50/50 division of marital property, that’s just the starting point. Here’s the catch: the presumption can be rebutted if evidence shows an unequal split would be more equitable.
Key Factors Courts Consider:
• Contributions to property acquisition, including non-financial contributions like homemaking (yes, raising kids counts as work!).
• The economic circumstances of each spouse post-divorce.
• Misconduct during the marriage (but don’t count on “fault” alone tilting the scales).
• Future earning potential of each party.
Pro Tip: Keep meticulous records of assets and liabilities, including documentation of property owned before the marriage. These details can make the difference in proving your case for a more favorable division.
Case in Point: In Roetter v. Roetter, 182 N.E.3d 221, the court highlighted the importance of detailed evidence to rebut the presumption of equal division. Don’t underestimate the power of preparation.
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Child Custody: The Kids Are the True North
When it comes to child custody, Indiana courts focus solely on what’s in the best interests of the child (Indiana Code § 31-17-2-8). Factors include:
• The child’s emotional and physical well-being.
• The ability of each parent to provide a stable environment.
• The child’s relationship with each parent.
Contrary to popular belief, Indiana courts don’t favor mothers over fathers. Stability and cooperation are the golden standards.
It’s 2025 custody and child support can work both ways. Often times child support comes down to the number of overnights. It’s imperative to be familiar with the Indiana’s easy to use child support calculator. https://www.in.gov/courts/services/child-support-calculator/
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The Power of a Parenting Journal
Keeping a detailed parenting journal can be a game-changer. Courts value evidence that demonstrates your involvement in your child’s life. A journal can include:
• Dates and details of significant activities you’ve done with your child.
• Medical appointments, school meetings, and extracurricular events you’ve attended.
• Communications with the other parent about the child.
Pro Tip: A parenting journal isn’t just about recording the past; it’s a way to show the court your ongoing commitment to your child’s well-being. It also keeps you organized and ready to address disputes or misunderstandings with clear, factual records.
Wisdom Reminder: “Winning” outside of court guarantees victory in court. What you say and do outside of court will either be used for or against you in court. Especially watch what you text.
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Spousal Support: Temporary Relief, Not a Lifelong Pension
Indiana’s approach to spousal support is limited. Courts may award rehabilitative maintenance (Indiana Code § 31-15-7-2) for up to three years to help a lower-earning spouse gain financial independence.
Factors Considered:
• The recipient’s education and earning capacity.
• Contributions to the household or career sacrifices.
• Time required for job training or education.
Pro Tip: If you’re seeking support, come prepared with a clear plan for financial rehabilitation. If you’re the one paying, ensure the terms are well-defined and time-limited.
Case Example: In St. Pierre v. St. Pierre, the court emphasized the importance of proving the need and feasibility of rehabilitative maintenance.
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Final Property Settlements: You Get One Shot
Indiana divorce decrees are final when it comes to property division. Courts won’t revisit the division of assets later, even if circumstances change (Indiana Code § 31-15-7-5). This makes thorough asset discovery essential.
Pro Tip: Uncover every asset, from retirement accounts to hidden investments. Missing something now means it’s likely gone forever.
Wisdom: “Divorce isn’t the time for shortcuts. You don’t want to learn about that secret vacation home on your ex’s Instagram.”
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Why Journaling is Crucial During Divorce
Beyond keeping a parenting journal, consider maintaining a personal journal during your divorce. This journal can be a tool for emotional clarity and a way to document key events, conversations, and even financial details. It can help you:
• Record important dates (e.g., when assets were purchased or decisions were made).
• Keep track of agreements or conflicts with your spouse.
• Provide a timeline of events that may be relevant in court.
Pro Tip: Stick to factual entries. Avoid venting or emotional language, as your journal could become evidence in court if necessary.
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Why You Need a Skilled Attorney
Indiana’s divorce laws are complex and nuanced. Missteps can cost you years of financial stability or time with your children. An experienced attorney doesn’t just understand the law—they know how to strategically apply it to your unique circumstances.
At Sly Law, we don’t just navigate you through the divorce process; we help you set the stage for a brighter future. From meticulous case preparation to skilled negotiation, we’ve got your back.
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Parting Words of Wisdom
Divorce may feel like the end of the road, but it’s the start of a new journey. Handle the legal details now, and you’re laying the foundation for a successful next chapter. Or as we like to say:
“Plan wisely, and you’re not just moving on—you’re moving up.”
Ready to protect your rights and secure your future? Contact Sly Law today for a consultation. Let’s turn your challenges into opportunities and ensure your new beginning starts on the right note.
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