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Indiana Divorce Questions & Answers
0 Answers | Asked in Divorce for Indiana on
Q: Would this be grounds for an annulment?

I got married December 31, 2023. On January 24th I left for a vacation and my husband was caught recording my teenage child in the shower. My spouse has since admitted to recording audio and video of my children since November in numerous places of the house. Could I get this marriage annulled?... View More

0 Answers | Asked in Divorce and Business Law for Indiana on
Q: My exhusband dissolved our LLC while we were in the process of divorcing without notifying myself or the other members

This was done on September 5, 2023 and stumbled on it on 1/24/2024 online. When the divorce assets were distributed, it was based on the 60% ownership instead of 100%. What do we do?

0 Answers | Asked in Divorce for Indiana on
Q: Can a have my (ex) husband be solely responsible for his medical debt?

During our 8 years of marriage, my husband ran up a lot of medical bills. He left me 6 months ago and I am filing for divorce. I know I can have him be responsible for any medical he took on after he left in section 7- individual debt. In the section before that on the same page though it says that... View More

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: My husband and I are legally married but living separately and plan to divorce. He is filing bankruptcy. Ruin my credit?

None of the credit cards are in my name but I am an authorized user. I was unemployed for the duration of our marriage.

Timothy Denison
Timothy Denison
answered on Jul 13, 2023

No. Your credit will not be affected if you are only an authorized user. Unless the account is in your name, you should be unaffected by his filing.

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: If the sheriff serves my husband divorce papers, will they know he has a warrant in GA?

We live in Indiana

T. Augustus Claus
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answered on Jul 6, 2023

The service of divorce papers by the sheriff in Indiana typically pertains to the divorce proceedings in Indiana itself. The sheriff's role is to deliver the divorce papers to your husband and ensure that he is aware of the divorce case in Indiana. However, it is important to note that the... View More

1 Answer | Asked in Bankruptcy and Divorce for Indiana on
Q: She told her attorney that we were legallly separated at the time , ( false statement ) are there consequences

If she lied to gain the upper hand to stick me with said debt what are the penalties for doing such

Timothy Denison
Timothy Denison
answered on Mar 29, 2023

If she made misrepresentations to the Court, she could be in contempt of court if you can prove she lied.

1 Answer | Asked in Divorce and Tax Law for Indiana on
Q: my 20 year old son lives at my house full time, can I claim him on my taxes? What if is his mother also claims him?

when my ex-wife and I got divorced many years ago, we had joint custody and alternated years claiming him on our taxes. Now that he is older, he never stays at her house. I ask her if I could claim him again this year because he always stays and she says no. What happens if I claim him and... View More

James L. Arrasmith
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answered on Mar 4, 2023

If your son lives with you full time and you provide over half of his support, you may be able to claim him as a dependent on your tax return. However, if your ex-wife also claims him, the IRS will likely flag the returns and investigate the situation.

If you and your ex-wife cannot come to...
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1 Answer | Asked in Divorce for Indiana on
Q: In our divorce filing it stated that she would put the house on the market immediately and give me 50% of the profit.

The house after 3 months is still not on the market. I can’t contact her because of an NCO. What can I do?

We filed without attorneys.

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

You should have your divorce attorney contact her divorce attorney to see if she intends to keep that promise

1 Answer | Asked in Divorce, Family Law and Civil Rights for Indiana on
Q: My ex wife, asked me to take her back. Two months later, and nearly $800roughly, she tells me about her girlfriend.

She promised me my family could be together and that our kids could be sisters again. I live in Indiana. Idk what I can do. If anything. She's very abusive and I could list the things I've gone thru that I have proof of. I have text messages of her promising me, not me asking her to... View More

Betsy Walits
Betsy Walits
answered on Oct 15, 2022

I no longer practice law and am only finishing up a few cases so I cannot assist you, I can only state basic principles.

I don’t understand the “$800 later”. If you only put 800 out of pocket consider yourself lucky.

If you want to sue her fraud you probably could, but the...
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1 Answer | Asked in Divorce and Family Law for Indiana on
Q: I am wanting to file a seperation / protective order how does this work

Is he allowed to come back to the property

Is he required to pay child support

Derrick  Storms
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answered on Sep 20, 2022

A Protective Order also called an Order of Protection can be filed in Family Court, Divorce Court, or Criminal Court. In order to exclude your spouse or significant other from the home, you will need to request an exclusionary order. This will require you to allege specific dates in your... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My ex and I have a temp order that ends in Aug. He begged me and begged for a year to let him move back to Texas

With the kids. I broke and let him. Now with me having same job same home for yrs and he had moved 4 times and was engaged twice within a year shows me he is unstable. What are my chances if getting full custody?

James A Hanson
James A Hanson
answered on Jul 9, 2022

There is much confusion about what "custody" actually means.

If there is an active case in Indiana for either Paternity or Divorce, then any party wanting to move out of Indiana is going to have the burden of explaining why that move is in the child's best interests....
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1 Answer | Asked in Divorce for Indiana on
Q: Can I get pro Bono or low Income lawyer for my divorce
James A Hanson
James A Hanson
answered on Jun 20, 2022

You are not entitled to an appointed attorney in a divorce. The only time you are legally entitled to court-appointed counsel is when you are facing possible jail time (e.g. contempt of court for not paying child support, criminal cases, etc.).

However, there are several programs like Legal...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Soon to be ex scare tactics or?

Soon to be ex husband says his lawyer said he doesn’t have to prove me incompetent to get full custody just that he’s the better situation. In his mind he's the better situation because he's the money maker. I'm still however fully capable of taking care of my children and have... View More

James A Hanson
James A Hanson
answered on Jun 1, 2022

The fact that your ex has a lawyer only underscores the importance for you to retain an attorney and ask these detailed questions to that attorney in a confidential setting.

More generally, the legal standard in Indiana is the "best interests of the children" meaning that the...
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1 Answer | Asked in Divorce for Indiana on
Q: Am I entitled to half the house if I get a divorce?

My husband purchased our house in Indiana a few months before we got married (over 10 years ago). Am I entitled to half? Does he have to sell the house and split the profits with me? The house has gone up in value. My annual income is around $80.000. Would I be financially responsible for my... View More

Michael Ferrin
Michael Ferrin
answered on Aug 12, 2021

If the home was purchased before the marriage it would be considered non-marital. But, if you or your husband have been making payments on the home during the marriage or have made improvements on the home during the marriage there may be a marital component to the home which would provide you with... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Divorce for Indiana on
Q: Can you be tested for poisons if you aren’t dead?

Honestly fear chemical dosing of malicious intent to disable or kill while inheritance money rapidly dissipated and displaced - obvious tampering of bank transactions evident - 150k gone in my state of undiagnosed impairment - time sick and decommissioned paralleled inheritance distribution all the... View More

Charles Candiano
Charles Candiano
answered on May 13, 2021

You want to take care that you are not perceived as a paranoid, conspiracy theorist. That said, simply share any concerns that you may have with your general practitioner who can certainly test the presence of most harmful substances, depending upon the symptoms that you experience.

If you...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: If i get divorced from my childerns father can i take the kids out state with me to my parents house.
Troy Tyson
Troy Tyson
answered on Feb 24, 2021

That will largely depend on the orders issued in your case. You should speak with an experienced family law attorney to discuss your case in more detail.

1 Answer | Asked in Divorce for Indiana on
Q: What’s the best recourse to get stimulus monies wrongfully held by an ex-spouse?

My daughter’s divorce was finalized in the first quarter of 2020 so she and her ex filed their 2019 taxes together. Fast forward to the stimulus monies. They have two children and agreed going forward they would each claim one as a defendant on their taxes. Because of filing jointly in 2019,... View More

Troy Tyson
Troy Tyson
answered on Feb 3, 2021

If you are unable to negotiate a resolution with the other party, then your best bet may be to file a motion for rule to show cause (motion for "contempt") in the court where their divorce was finalized, and ask the judge to force him to pay her the money.

1 Answer | Asked in Divorce for Indiana on
Q: How can i protect my house during a divorce. Owned home 18 years married 1 year
Troy Tyson
Troy Tyson
answered on Dec 18, 2020

All assets in a divorce are, on the surface at least, deemed to be in the "marital asset pot". However, you can argue (either at mediation or in court) that the house should be exempted due to the circumstances you described. It might be a good idea to sit down with an experienced family... View More

1 Answer | Asked in Divorce for Indiana on
Q: I cant afford a lawyer how do I answer a Dissolution??
Troy Tyson
Troy Tyson
answered on Dec 17, 2020

You should ask the court if they have templates available that you can use. Many courts do. Also, you should consider contacting your local bar association to see if the offer pro bono or modest means representation. That might enable you to obtain representation for your case at an affordable... View More

1 Answer | Asked in Divorce for Indiana on
Q: I got a notice for appearance with no instructions on where to appear or what that actually means. I am filing by myself

It is a without children, agreed on divorce. Where do I go?

Troy Tyson
Troy Tyson
answered on Dec 15, 2020

It is difficult to ascertain what problem you are running into based on the information given. I would strongly suggest that you sit down with an experienced family law attorney who can walk you through this process. May attorneys offer free consultations and can give you more detailed guidance on... View More

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