Theorists suspect that divorce is an unpleasant process, but only those who have encountered it in practice know how genuinely complicated and painful it can be. There are a few simple rules of behavior during a divorce in Indiana. Remember them to make it easier to survive this difficult period.
It must be an experienced attorney and an excellent professional. The lawyer also has to be a good psychologist, so that you would be comfortable discussing personal information with him or her.
Copy credit reports, tax returns, bank statements, payment receipts, insurance policies, stocks and bonds for the last few years of family life. With all this paperwork, it will be much easier for your lawyer to defend your property rights.
It is always better to follow the advice of a lawyer. Only a knowledgeable specialist can understand how your story differs from many similar family dramas.
If you feel anything amiss in your relationship with your spouse, be more careful and attentive. It is possible that they will start recording you on video or a tape recorder. When the risk of a divorce increases, random inappropriate words and emotions can be used in a trial against you.
The process of divorce is lengthy, expensive, and troublesome. That is why it is better to solve everything without a trial. Of course, a compromise with the other party is not so easy to find. However, it is worth the effort.
When it comes to the division of property during a divorce, this is when the spouses often become enemies. How to avoid a scandal and equitably divide everything?
Property is of two types: common (joint) and private. The common feature is jointly acquired in a marriage, which means both spouses have the right to it. It can be movable and immovable property, money and valuables. As for the private property, it the capital of only one of the spouses and it cannot be divided. These are personal items, bonuses, rewards, insurance benefits, inheritance or gifts.
Property can be divided without the participation of the court. For this, you need to notarize the contract on the division of property. In the agreement on the division of property, you must specify what belongs to whom. It is not necessary to divide the property precisely in half. The primary condition is that all parties agree with this.
The fastest and least problematic way of division of property is a contract. By law, spouses can sign an agreement on the division of property even before the wedding or already in marriage (marriage contract).
The marriage contract must specify the right of everyone to property, shares that belong separately to the husband and wife, and the rejection of claims to the division of property in the future. You can’t do without notarization here. Therefore such an agreement is drawn up as a civil agreement and is certified by a notary.
What to do when the spouses failed to divide the property without the court? The court may recognize the property that one of the spouses acquired, living apart from each other, as private. According to the general rules, all property acquired in a marriage is joint property. But in practice, the courts of Indiana divide the property in half, without even finding out all the circumstances and whether it was purchased for personal funds.
Therefore, each party must prove that a particular property belongs only to them. Then, the lawyers collect the necessary documents, including a contract of gift or purchase and testimony from witnesses, and prove the right to property to the court.
The funds received as compensation for the loss or damage of a piece of property belonging only to the one whose it was. The same is true for the allowance for moral damage caused to one of the spouses.
Besides, if insurance premiums were paid by one of the spouses, the amounts received for compulsory or voluntary personal insurance belong to the person who paid them at their own expense. These are also prizes and awards if the second spouse proves in court that he/she was involved in receiving them.
Do not worry about jewelry and expensive accessories that were presented to you during the marriage. Personal belongings and jewels also cannot be divided. Even if they were acquired for conventional means, they remain with the one to whom they were gifted.
These tips will help you build the right dialogue to get a divorce without scandal.
1. Be constructive. Tears, shouts, threats, and blackmail do not lead anywhere. Try to listen to the other party and be ready to give up something.
2. It is best to prerecord what you need to decide. You will feel more confident when your thoughts are laid out on paper. This will help avoid unnecessary emotions.
3. If you are offended, try to forget about it. When everything is behind, you can give free rein to your feelings, but keep calm during the divorce procedure.
4. It is essential to think about loans and debts: how wiser and fairer it will be to repay them without harming your spouse.
5. Usually, the most painful questions are the ones regarding children and property. It is necessary to listen to the wishes of the spouse and carefully prepare your requirements. Be ready to compromises and concessions, especially concerning the division of property. Agree on the amount of alimony, schedule of meetings with children and other nuances.
6. Do not try to manipulate the spouse with the help of children. This is not only fraught with scandal, but also immoral.
In any case, divorce is a lot of negative emotions. You will need to support yourself in this period somehow. Walking in nature, visiting a museum or an art gallery, meeting with friends, or anything else that will help to relieve tension and let you forget about problems.
The good idea is to go somewhere to rest. A change of scenery always has a positive effect on a person, allowing you to switch, relax, and forget about the bad. You begin a new life; do not be afraid of it. Try to think about the future positively. Think about what new opportunities you will have after a divorce, and remember your loved ones who can provide support in this challenging time.