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Divorce & Family Law

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Wills & Estates

General & Civil Law

Home

Divorce & Family Law

Criminal Law

Wills & Estates

General & Civil Law

Divorce & Family Law

• Divorce / Custody
• Child & Spousal Support
• Guardianship / Paternity
• Separation / Premarital Agreement
• Modification / Emancipation

Divorce

• To obtain a divorce in Indiana one of the parties must have lived in Indiana for at least six months.
• The county where the parties have lived for the last 3 months, or where the spouse not filing for divorce lives, is where the divorce is filed.
• Indiana has a presumptive 50 percent splitting of marital assets and debts to each party.
• The judge, upon showing that an equal division of property is not fair and reasonable, can divide the marital property in another manner other than 50% to each party.
• Indiana has a "cooling off period," which is a 60-day waiting period after the petition is filed to start the divorce before a request for a final hearing or agreement can be filed with the Court.
• Indiana does not have alimony. However, a judge can order spousal maintenance in very limed situations.
• A judge can order a spouse to pay a settlement fee if there is little or no marital property to the other spouse for higher education expenses.
• If either spouse is a member of the armed services, a divorce can be filed. However action on the divorce is delayed for 90 days until the spouse can appear in court. The 90 days can be extended for additional time, if requested.
• If the parties cannot agree on all issues in the divorce, a judge will
  decide the matters after a final hearing.
• If the parties do agree on all issues, a judge can approve the agreement and the final hearing can be waived.
• Indiana has a no fault divorce, which means one spouse may be granted a divorce upon claiming the marriage is irretrievably broken.
• Additionally a divorce can be granted for:
• Conviction of a felony after marriage
• Impotence existed at the time of the marriage
• Incurable insanity of either spouse for at least two years.
• Most courts require that each parent take a class focusing on children coping with divorce before the divorce can be finalized.
• After the divorce occurs, all parts of a will giving property to the ex-spouse are automatically cancelled.
• If a party is ordered or agrees to any matter in the divorce and fails to comply, the ex-spouse can return to Court to have the Judge order compliance.
• Child support and parenting time is usually determined in the divorce.

Guardianship

The court may appoint a guardian for an individual who is a minor or incapacitated.

A minor is a person under 18 years of age who is not emancipated.

• An incapacitated person is a person who is unable to be located,
• is unable to manage either their property or personal care or both, due to insanity, mental illness, mental deficiency, physically illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, or any other disability; or
• Has a developmental disability as the result of a mental or physical impairment suffered before the age of 22 that is likely to continue indefinitely and results in limitations in several areas.

Before the Court will appoint a guardian, a hearing must be held where proof is given
to the type and extent of the incapacity of the person, as well as the person's assets and income.

Notice of a request for guardianship must be given to the incapacitated person, and all interested persons.

The incapacitated person must be present at the hearing, unless the Court finds it is impossible, impractical, or it would be harmful to the alleged incapacitated person's health or safety.

The guardian must be at least 18 years old, of sound mind, not a convicted felon, and someone the court finds a suitable person.

The guardian must accept appointment and post a bond set by the court which can be an amount equal to the value of the personal property plus one year's income from all property.

Guardian preferences;

• a person with durable power of attorney executed by the protected person,
• a spouse of the incapacitated person,
• an adult child, or parent
• a person designated in the parent's will of an incapacitated person,
• any person related by blood or marriage to the incapacitated person and has resided with the incapacitated person for the last 6 months.
• A person nominated by the incapacitated person who has been providing care or paying for the care of the incapacitated person.

Types of guardianship;
Regular – The guardian is charged with protecting, preserving, investing and accounting for the protected person's estate. The guardian must file an inventory, accounting and seek the Court's approval for extraordinary expenditures or transfers, and file and pay taxes for ward.

Limited – Guardianship is limited in regards to the protected person's estate or person or any other way the court may decide.

Temporary – In emergency situations, regarding the alleged incapacitated person's welfare, the Court can appoint a temporary guardian without a hearing for a limited time, not to exceed 60 days.

The guardian will be held legally liable for any breaches of duties which he owes to the protected person.

Child Custody, Support & Visitation
 

• Until a judge issues a custody order, both parents have equal rights to
  custody of the child, if the child is born in wedlock.
• Custody is based on the best interest of the child.
• Every time the parent with physical custody of the child(ren) moves, they must provide an "Intent to Relocate" notice to the Court and other parent.
• Parenting time (visitation) is by agreement between the parents or by the Indiana Parenting Guidelines if an agreement cannot be reached.
• Parenting time cannot be allowed or disallowed based on payment or non-payment of child support.
• The minor child cannot refuse parenting time.
• Grandparents may seek visitation rights from the court.
• Child support obligation stops at age 21. However a child can be emancipated by Court order in several other situations.
• Child support amounts are based on each parent's gross weekly income, health insurance costs, day care costs, parenting time, subsequent and prior born children.
• Indiana has the "right of first refusal" which means that when a parent must leave the child with a child care provider (other than the parent or other family member) for four hours or more, the other parent must be given the opportunity to exercise additional parenting time before engaging the child care provider.
• When "make-up" time is required, both parties should attempt to reach a mutually acceptable time to make up the time. If the parties cannot reach an agreement, the party that was refused parenting time shall select the make-up time within one month.
• The non-custodial parent has a right to copies of the child's school records, notice of school activities and other activities (if the function permits parental and family
  participation), health information if the child is undergoing medical evaluation or treatment, and notice of medical emergencies.
• The parent providing health insurance for the child must provide the insurance information to the other parent.
• The custodial parent is to provide the child with adequate clean clothing for the parenting time. The non-custodial parent shall return clothing in a clean condition.
• The parties must keep each other informed at all times of their home and work address, and telephone number. Changes in the above information are to be provided in writing to the other parent.