Lake County, Indiana Divorce & Legal Separation Lawyers
Divorce & Legal Separation Attorneys Serving Northwest Indiana
Relationships can be difficult to maintain, and that is perhaps especially true when it comes to married couples. There are a lot of stresses that couples live with day in and day out, and sometimes those stresses build up to be just a little bit too much to handle as a couple. When that happens, there are a few legal options to consider. Sometimes, married couples just need a break from each other to figure out exactly what the issue is and whether or not they want to remain married to each other. Other times, they are certain that the marriage is not able to be saved and would simply like to move on with their lives.
Whether you are ready for a divorce or are still hoping for reconciliation some time in the future, there are legal options available in Indiana that can help you throughout the process. At Funk & Wendlinger, LLC, we are happy to help you through the difficult divorce and legal separation processes. We understand that you are having a difficult time – that’s why we will work hard so that you do not have to worry about anything.
When couples get married, they essentially operate as a single unit. Their debts are typically shared, and even things like cars and mortgages might be in the names of both partners. A divorce is a legal and permanent separation of those two individuals in the eyes of the law. That means that their funds will no longer be pooled, for example, and that they will have to divide property or any other belongings that were jointly acquired. A divorce is essentially ending a marriage legally and allowing the former spouses to move on with their lives. They can remarry in the future and basically attempt to live their lives as the marriage never happened in the first place, should they so desire.
This is often the option of choice when it comes to extremely dysfunctional relationships where there are simply too many differences to reconcile. Divorce is not an instant solution, but rather is a process that takes time – especially if children or spousal maintenance are involved. Depending upon the circumstances of your divorce, an experienced attorney from Funk & Wendlinger, LLC, could really help you ensure that your case is in order and that everything proceeds as effectively and quickly as possible.
What is legal separation?
Legal separation is a solution to marital problems that enables the married couple to decide to live separately while determining whether or not they would like to divorce or to stay married. Note that this does not end a marriage on its own. Legal separation serves a different function from divorce, and while it can serve as a first step to divorce, it does not always mean that the couple in question will end up divorced.
Note that in Indiana, it is possible to obtain a divorce without a legal separation. With that said, sometimes a legal separation is useful in helping the courts decide whether or not an “irretrievable breakdown” in the marriage has occurred (and thus move the divorce along faster). To obtain a legal separation, you and your spouse must file a motion with the court system and obtain a legal separation decree. This is a document that lists all of the various terms and conditions of the separation, including things like child custody, child support, and visitation, if applicable.
Do I need a lawyer for a divorce or legal separation?
The answer to this question largely depends upon your specific situation, however in general it should be noted that hiring an attorney to help with legal matters is generally a good thing. This is especially true if the legal separation is one that involves children, as there are a number of things that the court will be determining on their behalf. The custodial parent and any child support to be paid, for example, will be determined during the hearings for legal separations and divorces alike, which means that you should have the best representation possible in both instances to ensure that you receive the most desirable outcome possible.
If one of the parties in the divorce is seeking spousal maintenance, it is definitely a good idea to hire a lawyer to help ensure that the process is carried out fairly and effectively, without leaving either spouse in a bad situation.