What are my divorce options in Indiana once i tell her i want a divorce and custody and what can i expect moving forward with divorce?

UPDATED: Sep 30, 2022

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What are my divorce options in Indiana once i tell her i want a divorce and custody and what can i expect moving forward with divorce?

Live in Porter County Indiana Want a divorce. I havent told her yet. Weve
been having problems for a couple of years now. Married 13 years with two boys.
Ages 6 and 9. Im Looking for custody. She will most likely contest. I have a
full time job. She hasnt work in about 4 years, but might be about to start a
part time job. What can I expect once I tell her I want a divorce and I actually
file? Thanks

Asked on June 21, 2016 under Family Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can expect and expensive custody fight if you and her can't work out an agreement.  Many people will spend their entire savings and retirement fighting over child custody matters.  The cheaper and emotionally easier divorces are the ones where the parents don't look at it as  a "contest" or a "fight".  Instead, they get together and figure out a plan to co-parent and to help the kiddos transition to a life with two homes.  If you start this idea with your wife early, it can save you a ton of emotional drama and a small fortune in legal fees.
If your wife decides (regardless of your best efforts) that she wants to "fight," you can expect drama and fights over who is the better person or better parent.  The courts won't generally hold it against a mom who is just re-entering the workforce.  The courts can fix any disparity of income with spousal or child support.  The main focus of the courts will be what is in the best interest of the children and who is going to provide the best emotional support for the kids growing up.

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