Filing for a divorce is never a decision that is made lightly. Despite the best of intentions, it sometimes is necessary to part ways so that all part...READ MORE
No one enters into a marriage planning to get divorced. But, people and circumstances change; and, when they do, it is important to make smart decisions about your future.
Most assume only the best when saying, “I do,” and deciding to raise children together. However, even the best-laid plans sometimes go awry. When it becomes clear that getting divorced is the right choice or that mediation may be necessary to resolve a contentious dispute, it is time to consult an experienced family law attorney.
Divorces and other family-related legal disputes often involve emotionally draining and highly stressful circumstances. The dissolution of a marriage and the division of assets, finances and parenting time are events that will impact all aspects of your life. In order to protect your long-term best interests and preserve your relationship with your children, you need a lawyer who will handle your case with equal parts vigor and compassion, and who will listen to you and provide personalized legal advice at every step of the process.read more
Hains Law, LLC is a Carmel, IN family law firm committed to working closely with each and every client to secure favorable outcomes that serve each client’s unique individual needs. From high profile-athletes to neighbors around the corner, we represent clients with a broad range of personal, professional and family circumstances. As an experienced Carmel divorce attorney, Joshua R. Hains works with each of the firm’s clients personally, tailoring his representation to each client’s individual needs and the unique nature of their case. At Hains Law, LLC, we believe that effective communication is the key to success. Attorney Hains informs clients of all of their options so that they can choose the path that works best for them.
At Hains Law, LLC, we do not take a cookie-cutter approach to family law representation. Each client’s situation requires a thoughtful, comprehensive approach that leaves no stone unturned and no questions unanswered.
This approach is evident from the moment you walk in the door. Attorney Hains will personally answer all of your questions, address your concerns, and discuss possible outcomes in light of the circumstances at hand. We want to make sure that you never feel overlooked, and that you never have to wonder about the status of your case.
Hains Law, LLC is focused on providing only the most comprehensive family law services possible. With such great attention to detail, clients can rest assured that Joshua R. Hains is intimately familiar with their personal situation. All clients of Hains Law, LLC work directly with Attorney Hains. This level of personal attention guarantees that you will have access to the advice and support that Attorney Hains can offer every step of the way.
While no one can ever know the outcome of a case, Joshua R. Hains’ sound advice and seasoned understanding of family law issues can alleviate the fear and worry that may arise during the process. His strengths in negotiation and legal insights can illuminate your situation, steering you towards the most fulfilling outcome.
A Carmel family lawyer with a decade of experience, Attorney Hains has a deep understanding of the people and culture of this region of Indiana. With big-city sophistication and a small-town connection to clients, you can expect a legal process that is efficient and success-oriented, without lacking the personal touches and genuine care you need during your case.
While Hains Law, LLC is able to accommodate any size case and many different budgets, Attorney Hains has particular experience in high-net worth divorces. These can often be some of the most challenging and stressful cases to undertake. However, Attorney Hains skillfully manages potential triggers and aggravations so that the legal process is as smooth as possible.
In Indiana, you have many choices when you begin your family law case. If you are considering entering into a life-changing legal process, it is important to have a dedicated Carmel family lawyer on your side. During this emotional and turbulent time, a level-headed attorney with a sharp legal mind can establish a sense of stability.
Joshua R. Hains has assisted many clients on the path of divorce and legal separation. His practice, Hains Law, LLC, is respected by clients and peers for its responsiveness and dedication to seeing each case through to the very end.
At the end of the day, your family law attorney should cater the process to your needs and expectations, educating you so that you have the greatest freedom to make choices that will help you reach your desired outcome.
Attorney Hains can guide you through every step of the process, listening to your needs and working with you to reach a satisfying resolution. Contact Hains Law, LLC to set up an initial consultation and to learn more about your legal options.
The length of time it takes to complete your divorce will depend on a variety of factors that are unique to your own personal, family and financial circumstances. While some divorces can be over in a matter of months, others can easily last a year or longer.
Minimally, in Indiana, it takes 60 days from the date one spouse files for divorce in order to complete the process. This is Indiana’s “cooling off” period; and, even if you and your spouse come to terms on all aspects of your divorce (i.e. property distribution, child custody and visitation, and financial support), you will still need to wait until the cooling off period expires. But, due to scheduling conflicts and the fact that most divorces are more complex than spouses expect them to be initially, this initial 60-day period usually goes by pretty quickly.
Generally speaking, yes (although there is no getting around the 60-day cooling off period). If you and your spouse agree that it is time to get divorced, and if you have already discussed how to divide your assets and the time you will each spend with your children, this can drastically reduce the amount of time it takes to get divorced compared to litigating a contentious dissolution in court.
That said, there are a number of factors to consider before you and your spouse will be ready to sign a divorce settlement agreement. For example, did you know that under Indiana law there is no such thing as “separate” property? In an Indiana divorce, all assets acquired by either spouse at any time prior to or during the marriage become part of a “marital pot,” and this entire marital pot is subject to equitable distribution.
With regard to child support, all calculations must minimally comply with the Indiana Child Support Guidelines. Similarly, all custody decisions must be based upon a set of legal factors that are designed to protect your children’s “best interests.” So, even if you and your spouse are currently in agreement, if you have overlooked certain issues or not addressed Indiana’s unique legal standards, there will still be more work to do.
This is a common scenario: Spouses are in agreement that they want to divorce, but they need help coming to terms without resorting to asking a judge to make decisions for them. If all you can currently agree on is that you want to find some way to reach an amicable resolution, you have a few different options.
The first option is private negotiation guided by legal representation. If you and your spouse can both make time for a series of negotiation sessions, and if you both have independent legal representation, your attorneys can help you stay focused and keep your discussions constructive while also helping you understand the legal implications of potential outcomes. Many couples are able to resolve their differences through this informal process, even when they haven’t been able to make much progress on their own.
The second option is mediation. In mediation, divorcing spouses (each represented by independent counsel) negotiate with the help of a neutral third-party mediator. This mediator is typically an attorney or retired judge who has extensive experience in divorces and other family-related legal matters, and his or her role is to help the spouses explore creative solutions that they would not have otherwise considered on their own.
The third option is what is known as a collaborative divorce. A collaborative divorce focuses on finding an amicable resolution by just about any means short of going to court. Depending upon the spouses’ particular circumstances, this could involve negotiations, mediation, and engaging various professionals with different areas of expertise. For example, the spouses may hire a financial advisor to help them find a mutually-beneficial solution to dividing their property and establishing spousal maintenance, or they may hire a social worker or family therapist to help them develop a parenting plan that meets their respective needs while also serving the best interests of their children.
Yes, Indiana recognizes the validity of prenuptial and postnuptial agreements, provided that each spouse had the opportunity to hire a lawyer and that the agreement does not attempt to override certain aspects of Indiana law (particularly with regard to child custody). Prenuptial and postnuptial agreements can serve a variety of divorce-related and non-divorce-related purposes; and, whether you are preparing to get married or preparing to get divorced, it is worth exploring your options.
No. Indiana’s Parenting Time Guidelines are neutral with regard to either parent being especially fit to raise their children. Instead, the Guidelines focus on a variety of different factors, from each parent’s history of involvement to each parent’s desire and willingness to provide a stable and nurturing home for their children.
With this in mind, there are a number of steps both parents can take to improve their chances of securing their desired parenting time rights in an Indiana divorce. To give yourself the best chance to securing the parenting rights you desire, it is important to start preparing as soon as possible.
Whether you are preparing for a divorce or facing any other family-related legal matter, it is important to learn as much about your situation as possible. To get started, we encourage you to read:
Born and raised in Indiana, Joshua R. Hains received his license to practice law in 2006. He founded Hains Law, LLC in 2016; and, with offices centrally located in Carmel, he represents clients statewide.
Attorney Hains devotes his practice exclusively to representing individuals in family law matters. Along with divorces and adoptions, this includes complex and emotionally-challenging matters ranging from guardianship proceedings to seeking protective orders on behalf of victims of domestic violence. Josh is a passionate advocate for his clients, and he chooses to practice family law because it provides him with the opportunity to use his knowledge and experience to help individuals in the most trying of personal and family circumstances.
If you are considering a divorce or need legal advice for an adoption or other family-related matter in Indiana, we encourage you to get in touch. We offer free initial consultations, and attorney Joshua R. Hains will make arrangements to meet with you in person as soon as possible. To learn more about what we can do to help, please call our Carmel, IN family law offices at 317-688-1305 or tell us how to reach you and we will be in touch with you shortly.