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understanding indiana’s equitable distribution statute in divorce cases

Understanding Indiana’s Equitable Distribution Statute in Divorce Cases

In a divorce, property division is one of the most complex issues to resolve. In Indiana, this is governed by the state’s Equitable Distribution Statute. This blog post will overview this statute and its implications in divorce cases.

What is the Equitable Distribution Statute?

The Equitable Distribution Statute is a law that governs how marital property is divided in a divorce. It’s based on the principle of “equitable distribution,” which means that the division should be fair but not necessarily equal. This is a departure from the concept of community property, where marital property is generally divided equally (with many exceptions).

How Does Indiana Interpret Equitable Distribution?

In Indiana, the starting point for any discussion regarding the equitable distribution of marital property should begin with Indiana’s fair distribution statutes. Indiana Code 31-15-7-5 states that the court will divide the property justly, whether the property is jointly or separately owned. This means the court will consider various factors in determining what is fair rather than simply splitting the property 50/50.

Factors Considered in Equitable Distribution

The court considers several factors when determining an equitable distribution of property. These can include the duration of the marriage, the age and health of the parties, the income and earning capacity of each party, and the parties’ conduct about the dissolution of the wedding. The court may also consider each spouse’s economic circumstances, the property division’s tax consequences, and any other relevant factors.

The Role of a Lawyer in Navigating Equitable Distribution

Navigating the complexities of equitable distribution can be challenging. A skilled family law attorney can provide invaluable assistance, helping to ensure that your interests are represented and that the distribution of property is fair and just. They can help you understand the factors that the court will consider and can advocate on your behalf during the property division process.

Conclusion

Understanding Indiana’s Equitable Distribution Statute is crucial for anyone going through a divorce in the state. With the help of a knowledgeable attorney, you can navigate this complex process and work towards a fair and equitable outcome.