fFrequently Asked Questions
Divorce and Dissolution
How long does divorce take in Indiana?
Indiana requires a 60-day waiting period after filing. Uncontested cases typically resolve in 2 to 4 months. Contested cases involving disputes over property or custody can take 12 months or longer.
Does Indiana require grounds for divorce?
No. Indiana is a no-fault state. The only ground required is that the marriage is irretrievably broken. You do not need to prove wrongdoing by either spouse.
How does Indiana divide marital property?
Indiana presumes an equal 50/50 division of marital property but allows either party to show that an equal division would be unjust based on the circumstances.
Child Custody
How does Indiana determine custody?
Indiana courts decide custody based on the best interests of the child. Relevant factors include each parent's relationship with the child, stability of each home, and the child's adjustment to school and community.
Can a child decide which parent to live with?
Courts may consider a child's preference depending on age and maturity, but it is one factor among many — not a controlling decision.
Can I relocate with my child after divorce?
Indiana's relocation laws require advance notice to the other parent and often court approval. Consult an attorney before making any move.
Child Support
How is child support calculated in Indiana?
Indiana uses a formula based on both parents’ gross income, number of overnights each parent exercises, childcare costs, and health insurance expenses.
Can child support be modified?
Yes, when there is a substantial and continuing change in circumstances — typically a 20% or greater change in income or a significant change in parenting time.
Criminal Defense
What should I do if I am arrested?
Exercise your right to remain silent and your right to an attorney. Do not answer questions without an attorney present. Contact McDaniel Law LLC as soon as possible.
Am I eligible for expungement in Indiana?
Many people who believe they are ineligible actually qualify. Eligibility depends on the offense type, sentence, and time elapsed. Have your record reviewed by an attorney to know for certain.
Personal Injury
How long do I have to file a personal injury claim in Indiana?
Two years from the date of injury. Missing this deadline forfeits your right to compensation. Some government claims have shorter deadlines — do not wait.
What if I was partly at fault?
Indiana follows modified comparative fault. You can recover as long as you were less than 51% at fault. Your recovery is reduced by your percentage of fault.
Does McDaniel Law LLC handle cases in Kentucky?
Yes. Attorney Matthew McDaniel is licensed in both Indiana and Kentucky and handles qualifying matters in Boone, Campbell, Kenton, Gallatin, and surrounding northern Kentucky counties.
This FAQ is for general informational purposes only and does not constitute legal advice. Contact McDaniel Law LLC at (513) 295-5127 or mmcdaniellaw.com with questions about your specific situation.