Toward A Fair And Practical Divorce
The days of wine and roses are no more. For whatever reason, your marriage is ending and you find yourself facing the realities of divorce. The Law Office of NiCale Rector is here to guide you through this difficult process. I will help you figure out your goals and priorities and then we will chart a course forward.
As your divorce lawyer, I bring 20 years of experience to the complex legal, financial and child-rearing issues. I am a compassionate counselor, a creative problem solver and a capable litigator. In or out of court, you can count on me to fiercely protect your interests.
I am also a certified family law mediator who can help couples reach an amicable divorce settlement. In mediation, I do not represent or favor either party. I serve as neutral facilitator.
Divorce And Marital Property
One of the sticking points in divorce is property division. Indiana law calls for an equitable distribution of the marital estate. This means both spouses get an approximately equal share of the accumulated assets, even if one spouse was the breadwinner or one spouse’s name is on the title. All wealth and debt acquired during the marriage is subject to divorce, including:
- Pensions and 401(k) retirement funds
- The house and any other real estate
- Investment and bank accounts
- A small business or partnership
- Vehicles, guns, jewelry and valuables
- Loans and credit cards
I can help balance the equation through trade-offs or buying out the spouse’s share, for instance if one spouse wants to keep the house or business.
Custody And Divorce
If you have children, that may be the primary focus of your divorce and the greatest source of friction. I have years of experience with custody and co-parenting issues, protecting the best interests of your children as well as your own parental rights and bond with your children.
Ongoing Financial Support
Child support and spousal support (alimony) are also important considerations with long-term implications for your finances. Child support is mostly dictated by a statutory formula, unless there are reasons to deviate. Spousal support is up to the court, based on multiple factors such as length of the marriage, the incomes and earning capacity of each spouse, and the accustomed lifestyle during the marriage. Permanent alimony is rarely awarded anymore, but the court may grant short-term spousal support to allow the lesser-earning spouse time to become self-supporting.
Legal Separation And Uncontested Divorce
Some couples are not ready to call it quits or want to stay married for religious or practical reasons. Legal separation divides your finances and property so that you can live apart without formally ending the marriage. However, a separation can be nearly as complicated as divorce. It does simplify matters if either party files for divorce, as most of the issues have already been addressed.
When divorcing couples few assets to fight over and agree on most issues, I can help you draw up the papers for a dissolution of marriage (uncontested divorce). My role is to make sure all the bases are covered and written in the proper legalese to satisfy the court.
Let’s Figure Out The Right Approach To Your Divorce
I try to look at the big picture of property, custody, support and other divorce considerations. I want to help you plan for life after divorce and go into this process with realistic expectations. I encourage clients to choose their battles wisely and aim for an amicable resolution, but I am an experienced trial lawyer where divorce litigation is necessary.
Some people are intimidated by lawyers. I try to be approachable and compassionate so that you feel comfortable putting your future in my hands. Start with a low-cost initial consultation by calling my Anderson office at 765-227-2130, or use my online form to reach out. I practice in Madison County and surrounding counties.