Indiana Divorce Laws and Resources
IF you live in Indiana, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.
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DIVORCE & SEPARATION FORMS
Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link
FAMILY LAW RESOURCES
Indiana Child Support Guidelines
Indiana Child Support Calculator
Indiana Child Support Enforcement
DIVORCE LAWYERS & FIRMS
Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
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COUNSELING
PRIVATE INVESTIGATORS
Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com
BACKGROUND CHECKS
Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.
DOMESTIC VIOLENCE RESOURCES
Indiana Domestic Violence Crisis and Support Services
Indiana Shelters and Hotlines
Indiana Coalition Against Domestic Violence
SUPPORT
INDIANA DIVORCE LAW RESOURCES
RESIDENCY REQUIREMENTS AND WHERE TO FILE: At the time of the filing of a petition for dissolution, at least one of the parties must have been (1) a resident of Indiana; or stationed at a United States military installation within Indiana for six months immediately preceding the filing of the petition, or (2) a resident of the county; or stationed at a United States military installation within the county; where the petition is filed for three months immediately preceding the filing of the petition. [Based on Indiana Code Title 31 - Article 15, Chapter 2-6]
LEGAL GROUNDS FOR DIVORCE: Dissolution of marriage shall be decreed upon a finding by a court of one of the following grounds and no other ground:
1. Irretrievable breakdown of the marriage.
2. The conviction of either of the parties, subsequent to the marriage, of a felony.
3. Impotence, existing at the time of the marriage.
4. Incurable insanity of either party for a period of at least two years. [Based on Indiana Code Title 31 - Article 15, Chapter 2-3]
LEGAL SEPARATION: Legal separation shall be decreed upon a finding by a court that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and that the marriage should be maintained. Residency requirements are the same as for dissolution, and a legal separation may not be granted if a dissolution of marriage has been filed. [Based on Indiana Code Title 31 - Article 15, Chapter 3-3 through 3-6]
PROPERTY DISTRIBUTION: Indiana is an equitable distribution state. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable:
1. The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing.
2. The extent to which the property was acquired by each spouse: (A) before the marriage; or (B) through inheritance or gift.
3. The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
4. The conduct of the parties during the marriage as related to the disposition or dissipation of their property.
5. The earnings or earning ability of the parties as related to: (A) a final division of property; and (B) a final determination of the property rights of the parties.
If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one spouse toward tuition, books, and laboratory fees for the higher education of the other spouse. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party. [Based on Indiana Code Title 31 - Article 15, Chapter 7-5 through 7-7]
ALIMONY/SPOUSAL SUPPORT: The court may order maintenance in either a dissolution of marriage or a legal separation. If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity. If the court finds that a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate. The court will take the following factors into consideration when awarding maintenance:
1. The educational level of each spouse at the time of marriage and at the time the action is commenced;
2. Whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
3. The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
4. The time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.
A court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree. [Based on Indiana Code Title 31 - Article 15, Chapter 7-1 through 7-2]
SPOUSE'S NAME: A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution. [Based on Indiana Code Title 31 - Article 15, Chapter 2-18]
CHILD CUSTODY: The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
1. The age and sex of the child.
2. The wishes of the child's parent or parents.
3. The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age.
4. The interaction and interrelationship of the child with: (A) the child's parent or parents; (B) the child's sibling; and (C) any other person who may significantly affect the child's best interests.
5. The child's adjustment to the child's home, school, and community.
6. The mental and physical health of all individuals involved.
7. Evidence of a pattern of domestic or family violence by either parent.
8. Evidence that the child has been cared for by a de facto custodian.
If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding. The court shall award custody of the child to the child's de facto custodian if the court determines that it is in the best interests of the child. [Based on Indiana Code Title 31 - Article 17, Chapter 2-8 through 2-13]
CHILD SUPPORT: In an action for dissolution of marriage, legal separation , or child support, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:
1. The financial resources of the custodial parent;
2. The standard of living the child would have enjoyed if the marriage had not been dissolved; or the separation had not been ordered;
3. The physical or mental condition of the child and the child's educational needs; and
4. The financial resources and needs of the noncustodial parent. A child support order may also include, where appropriate, basic health and hospitalization insurance coverage for the child, and provisions for the child's education. In a proceeding to establish, modify, or enforce a child support order, the court shall enter an order for immediate income withholding. The duty to support a child ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
1. The child is emancipated before becoming 21 years of age due to joining the United States armed services, marriage, or is not under the care or control of either parent or an individual or agency approved by the court.
2. The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
3. The child is at least 18, has not attended a secondary or postsecondary school for the prior four months and is not enrolled in a secondary or postsecondary school; and is or is capable of supporting himself or herself through employment. (If the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.) [Based on Indiana Code Title 31 - Article 16, Chapter 6-1 through 6-6 and Chapter 15-1]
PREMARITAL AGREEMENT: A premarital agreement must be in writing and signed by both parties. Parties to a premarital agreement may contract with each other the rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located. A premarital agreement may not adversely affect the right of a child to support. A premarital agreement is not enforceable if a party against whom enforcement is sought proves that the party did not execute the agreement voluntarily; or the agreement was unconscionable when the agreement was executed. [Based on Indiana Code Title 31 Chapter 3, Sections 31-11-3-4 through 31-11-3-8]
You can find more divorce information in the following articles:
• Do You Need A Lawyer
• Finding Divorce Attorneys
• Collaborative Family Law
• Divorce Considerations
• Divorce Mediation
• Do It Yourself Divorce
• More Divorce Articles
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