Experienced Fort Wayne, Indiana Divorce Lawyer
- Divorce/Dissolution OF Marriage
- Domestic Partnerships/Cohabitation
- Family Law/Matrimonial Law and Divorce
- Paternity Related Matters
This practice area refers to commonly used terms for ending a marriage, which, in Indiana, is referred to as “Dissolution of Marriage”. We provide you experienced guidance in this most difficult and stressful period.
Living together without benefit of marriage may create similar rights and responsibilities as well.
While we do not recommend a trial simply for the sake of going to Court, experienced trial counsel is invaluable if the matter cannot be settled.
First efforts should always be a negotiated settlement. Becoming unmarried is adversarial, but frequently requires the parties to deal with each other following the dissolution, especially where children are involved.
Our office is experienced and skilled in securing reasonable negotiated settlement in frequently difficult and stressful circumstances.
Alternative Dispute Resolution
(Including Arbitration and Mediation)
Mediation is a form of Alternative Dispute Resolution which frequently provides a superior platform for parties to resolve disputes in absolute confidence. A Mediator serves as a neutral in aiding the parties and their counsel in crafting an agreement. Mediation provides the parties a degree of control over the future, as opposed to a trial, and may save a great deal of time and cost in the litigation.
Indiana has a Family Law Arbitration Act which allows parties to avoid what are frequently substantial delays and much of the detailed technical problems in trial practice by agreeing to submit the matter to an Arbitrator.
Complex Property Evaluation/Distribution
Dividing property from a marriage in a dissolution action may be far more complex than may first appear. Rigorous accounting of all the property is necessary, followed by analysis to determine both value and fair division. Indiana requires that marital property be divided equitably. That does not always mean equally. Discovering and valuing property that the client might make an informed decision regarding distribution is of critical importance in any divorce. This may necessitate expertise in business valuation.
Retirement Plans and other Deferred Benefit Plans are frequently of paramount importance in terms of not only value, but to structure the outcome of divorce matters. Discovery and valuation of such assets can be highly technical and complex, and require experienced counsel to guide the client through that, as well as other financial components in the divorce action.
In certain circumstances Indiana allows for maintenance, which is a payment that one spouse makes towards the support of the other spouse following ending the marriage. The rules governing this area can be technical and complex as well, and requires skilled counsel to assist in resolving such matters.
Trial Judges do make mistakes. Not every mistake by a Trial Judge is subject to being reversed or overruled by a Court of Appeals. To one who is dissatisfied with the result and wants to consider appeal, experienced counsel is essential to evaluate the case, and, where appropriate, shepherd the matter through the Appellate process.
Contact a skilled Fort Wayne divorce and family law attorney
Call the Law Office of Stephen P. Rothberg in Fort Wayne at 260-422-1526 or contact us online to schedule an appointment.