Finding the Best Female Divorce Attorney in Indianapolis
Getting a divorce in Indiana is incredibly difficult. Not only is it emotionally trying, but it can also be a complicated and complex process. There are both financial and legal implications, as well as decisions to be made about the children (if applicable). However, no matter what challenges you face in a divorce, the most important thing you can do is work with a female divorce attorney in Indianapolis that you trust; one who will protect you and be your advocate.
While there is no official award for “the best female divorce attorney in Indianapolis,” the Indianapolis family law attorneys at Keffer Hirschauer LLP have earned a reputation for approaching divorce cases with compassion, empathy, and patience. Our entire team has vast experience navigating Indiana divorce proceedings in a thoughtful, efficient manner, even when facing the most complex legal issues. Let us be your advocate. Call us today at (317) 751-7186 or schedule a free consultation online.
Essential Traits in a Female Divorce Attorney
According to a survey by Francis Financial, 39% of women reported that substantial experience handling similar divorce cases was the most important attribute they looked for when hiring a divorce attorney. 23% of women surveyed said expert negotiation skills were their most important trait in an attorney. Furthermore, 20% of women state that they sought out an attorney who was accessible and prompt with their communications. This survey demonstrates that when looking for a divorce attorney in Indianapolis, women tend to place a strong value on expertise, accessibility, and the best potential to secure the most optimal outcome given their specific situation.
Evaluating Experience and a Strong Track Record
Regardless of how you find an attorney, you should always do two things: find independent reviews and ask for proof of success. Any good divorce attorney will provide you with testimonials from previous clients, as well as evidence of their success in past cases. However, that does not always tell the full story. Therefore, it is best to balance testimonials and evidence of success provided by an attorney with independent reviews that you find on your own.
Birdseye is a great resource for independent reviews and ratings. However, not all attorneys are listed on that website, so you consider checking Google Reviews or another review platform. You should also check with the Indiana Bar Association to see how long they have been in practice in Indiana and ensure that they are still able to practice in this state.
Communication and Personality
When searching for a female divorce attorney in Indianapolis, you should first search within yourself. We always recommend that you ask yourself several questions before starting the search process. These questions include:
- How do you handle moments of hardship?
- How do you handle highly emotional situations?
- When facing a huge, complex process, do you tend to shut down?
- Are you independent, or do you prefer to work as part of a team?
- How important is communication to you? Do you want to be involved in every part of the divorce process or just let your legal team handle everything?
Answering these questions and reflecting on your own personal traits can help you better understand what kind of female divorce attorney in Indianapolis will serve you best. If you answered yes to any of the questions above, you may want to hire an attorney who is kind, communicative, and empathetic.
The Indianapolis divorce attorneys at Keffer Hirschauer LLP, we place a strong emphasis on listening to our clients. We believe that honest and prompt communication is key to building trust and comfort between the client and the attorney. We also employ skilled, driven litigators and negotiators with years of experience guiding and advocating for individuals just like you. If you need a caring, experienced female divorce attorney in Indianapolis, call us today at (317) 751-7186 or schedule a free consultation online. We stand ready to protect you and work alongside you during this trying time.
Expertise in Various Legal Fields
Today, women control 51% of personal wealth in the United States of America. Furthermore, women are the primary breadwinners in over 40% of U.S. households. However, despite women’s tremendous economic growth over the past century, divorced women face financial struggles at a much higher rate than men.
According to the “Handbook of Divorce and Relationship Dissolution,” divorced individuals require a 30% increase in income to maintain the same standard of living they had when they were married. This is especially true for divorced women who are also custodial mothers. The United States Census Bureau reported that the proportion of custodial mothers with income below poverty was around 31.2 percent, compared to only 17.4 of custodial fathers. The same report also found that 1 in 4 custodial mothers owed child support received no payments from their children’s noncustodial parent(s).
When searching for a female divorce attorney in Indianapolis, or interviewing various divorce attorneys, it is vital to ask about their experience with child support in Indiana, spousal maintenance, and high-asset divorce. They should also have a strong understanding of the complexity of tax consequences related to property division and know how to accurately value certain assets to your benefit.
Female Divorce Attorneys in Indianapolis with Experience in Child Support
Child support is a court-ordered financial obligation paid by one parent following a divorce to help keep the child in the same financial condition as they were pre-divorce. Child support is intended to cover the basic costs, such as:
- Food
- Clothing and Hygiene expenses
- Housing
- Educational expenses, like school supplies
- Work-related childcare costs
- Premiums for child’s health insurance
The best child support lawyers in Indianapolis help their clients accurately identify income that should be included as part of their weekly income for purposes of determining child support—for both parents. When part of your income is irregular, such as from bonuses, your lawyers will argue against including those amounts in your income for purposes of calculating child support and that child support on those amounts should be calculated separately.
Divorce Attorneys in Indianapolis with Experience in Spousal Maintenance
Instead of alimony in Indiana, the Indiana spousal maintenance statute provides for spousal support or maintenance, but only in limited circumstances. The court may order spousal maintenance only if the spouse is incapacitated physically or mentally, provides care for a dependent child who is physically or mentally incapacitated, or requires training or education to obtain appropriate employment.
Because Indiana law only allows maintenance in these three limited circumstances and, in most cases, for a limited time, you will want to hire a spousal maintenance attorney who can help you quickly gain financial independence post-divorce. This requires a combination of experience, strategic approach, and strong litigation skills, as well as an in-depth understanding of the divorce laws in Indiana.
Female Divorce Attorneys in Indianapolis with Experience in High-Asset Divorces
A high-asset divorce is generally more complex and sometimes singular in nature. In addition to financial accounts and real estate, a high asset divorce may also involve business interests, intellectual property rights, stock options, venture capital investments, trusts, artwork, or precious metals. These assets or the funds to invest in them can come from a variety of sources, including employment income, inheritance, or other investments.
Skilled high-asset divorce lawyers in Indianapolis will identify the marital assets subject to division, argue for the exclusion of certain assets from the marital pot, coordinate with esteemed professionals to provide expert opinions on valuation and the effect of a transfer of ownership on your assets and develop creative alternatives for property division to ensure asset protection in divorce.
Tax Consequence of Divorce*
Tax consequences from the division or transfer of assets related to a divorce can also complicate a divorce. If the property division requires selling one or more assets, those sales could be taxable, sometimes at a high tax rate.
In accordance with IRS Code 1041, in the incident of divorce, no gain or loss will be recognized on transfers of property from an individual to a former spouse, as long as it occurs within one year after the date on which the divorce is completed or relates to the process of completing a divorce. Once 365 days have passed since the divorce was finalized, but no longer than six years, the divorce decree must clearly support the fact that the transfer of property was part of the marriage ending. After six years, transfers of property between the divorced parties are no longer deemed incident to the divorce for tax purposes, and the burden to prove otherwise and show valid delay is placed upon the spouse responsible for the tax.
The intricacies surrounding IRS codes are quite complex, and they are further complicated by the intersections of tax law and divorce. Therefore, you’ll want to retain an Indiana divorce attorney who is cognizant of such matters and can help devise possible property division alternatives to avoid excessive federal and Indiana taxes.
*The information in this blog is for general informational purposes only and viewing or reading it does not create an attorney-client relationship. This blog is not a substitute for legal tax advice from a licensed tax attorney, accountant, or other tax professional. Please consult a licensed tax attorney, accountant, or another tax professional regarding your specific case or circumstances.
Property Division and Divorce in Indiana
Per Indiana Code 31-15-7-4, unless the property was protected by a prenuptial agreement, any assets that were acquired either during or before marriage are considered marital property and will be included as part of the inventory for distribution. This includes assets/accounts that are in the name of only one party or were transferred by one party prior to the divorce or separation.
Types of Property Commonly Divided in Divorce
- Actual Property: Home, Condominium, Acreage, etc.
- Financial Property: Bank Accounts, Investment Accounts, Retirement Accounts, etc.
- Personal Property: Vehicles, Furnishings, Art, Jewelry, Electronics, etc.
According to Indiana law, both parties have a duty to disclose and present proof of all property owned; both parties are also responsible for all debts incurred during the marriage. Indiana Code 31-15-7-4(b) states the manner in which property can be distributed in an Indiana divorce or separation may include:
- Division of property between the two parties
- Allocation of property to one spouse while the other receives compensation for their share
- Sale of property with the proceeds divided between parties
- Distribution of benefits, as described in IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind
Wondering, “is Indiana a 50/50 divorce state?” It’s not. Indiana law assumes that dividing marital assets equally is a fair and just result. Therefore, you’d be wise to retain the services of an experienced Indianapolis divorce attorney who knows when and how to argue for a division that’s in your favor.
Looking for a Female Divorce Attorney in Indianapolis? Call Keffer Hirschauer Today.
Keffer Hirschauer LLP works with clients of any gender identity, as that is part of our responsibility as attorneys. However, we understand that some people prefer to be represented by an attorney of the same gender. Many women find that working with female divorce attorneys during the divorce process is simply more comfortable. They feel more at ease when discussing the situation, and often report developing a strong bond with their divorce attorney.
The divorce attorneys at Keffer Hirschauer LLP have the unique skill set to comfortably guide women through their Indiana divorce, while also fighting tirelessly to protect their best interests. If you need expert counsel in your divorce proceedings, call us today at (317) 751-7186 or schedule a free consultation online.