Legal Question in Family Law in Indiana

Re: My Fault Divorce

She cannot contest a divorce -- if you want to divorce her, you can.

She might contest the terms of it, such as fighting over property or debts, but under the circumstances you described, it sounds like she'd be fighting for a whole lot of nothing.

In Indiana, we don't assign fault to one person or another. Instead we cite that there has been an irretrievable breakdown. As a result, we don't have to get into who's at fault, and there is absolutely no connection with fault with who gets what in the split and who pays what.

As far as spousal support, if a woman is capable of supporting herself, then the court generally will not order maintenance for that person. It's reserved for cases where the spouse is disabled or has been a housewife for 20 years while the husband has been a bank executive.

Generally, all debts and all assets acquired during the marriage are evenly divided.

I hope this information helps set your mind at ease.

Re: My Fault Divorce

Your wife can contest if she chooses to do so which may generate delay and attorneys fees on both sides. Other than that, the result will be, in my estimation, about the same as what you are requesting, depending on how the minor assets have increased in value over the period you were married.

You are presumed to split assets and debts equally in Indiana, however, you have superior income producing ability.

It is possible your wife might receive some temporary maintenance or contribution to her attorney fees because you have higher income. You would probably be expected to take a greater than 50% share of the marital debt for that same reason. You will not be required to pay alimony after the divorce is final, however.

As I tell people, the more you fight through your attorneys when the assets are minimal, the more you will be depleting those assets in order to pay your attorneys. Be reasonable so there will be more for you to share.

Since Indiana is a "no fault" divorce state, the result is inevitable--you will be divorced. The only questions are how much you will spend on reaching that final outcome and how long it will take.

Ideally, assuming you could come to terms, one attorney could handle all the paperwork for both of you for a flat fee and you would both save on attorney fees.