Division of Marital Property in an Indiana Divorce

When it comes to dividing up the assets and property in an Indiana divorce, equitable does not always mean equal. Indiana is an "equitable distribution" state in the matter of divorce, meaning that the marital property is divided in as fair and just a manner as can be established by the court. Marital property includes all of the property that the spouses acquired during their marriage, including the family home, other real estate, businesses, investments, stock portfolios, pensions, retirement accounts, savings accounts, vehicles, and any other valuable assets.

In deciding what constitutes a fair division of assets, the court may have to examine many factors. These include the contributions made by each party to the acquisition of the property, whether that contribution was income-producing or not; the extent to which property was acquired by either party before the marriage or through an inheritance or gift; the economic conditions of each party upon the conclusion of the divorce; whether or not the family home or a period to remain in it should be awarded to the parent who is awarded custody of any children; the conduct of the parties during their marriage in relation to the disposition of their property; and the earnings or earning potential of each party as it relates to how the property should be distributed. 

In dealing with this matter, the courts may divide property, settle a property or parts of it on one party requiring payment or partial payment to the other for such a settlement, order a property to be sold and the proceeds to be divided, and compensate the party who is required to provide spousal maintenance in any overall property division settlement.

Settling Your Property Division Issues in Your Indianapolis Divorce

Because divorce can be such a difficult and combative process for many couples, especially when it comes to dividing up the marital assets, you should have the skilled and experienced guidance of an Indianapolis divorce attorney. The attorneys at Schembs Law focus exclusively on divorce and divorce-related issues, such as division of marital assets. Indianapolis divorce attorney Robert Schembs has been practicing divorce and family law for more than 20 years and has a wealth of experience and understanding to help you through this potentially prickly area of divorce.

When it comes to the often complex financial matters of your divorce, you owe it to yourself to be represented by an attorney who has the knowhow and dedication to help you achieve the positive results you seek. With a reputation for providing compassionate and comprehensive legal service, Schembs Law stands out from the rest.