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Indiana Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law and Criminal Law for Indiana on
Q: My ex took my phone when we broke up on Dec 15 21. Since then he has cloned my sim and hacked everything.is this legal?

He has made accounts in my name been on zoom without me knowing while I was talking with my doctor and so much more..I need this to stop I can't take it

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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0 Answers | Asked in Divorce for Indiana on
Q: How I finalize my divorce that is now 2 years. Currently living in Indiana. Divorced filed in Clark county Nevada.

Filed my divorce Aug2020. Defendant wont sign. We have a child whose 17yrs old now and she live with me. I did not ask for alimony or child support when divorce is filed. I want my divorce finalize and it’s now taking too long. No properties to be divided. A paralegal filed my divorce papers.

0 Answers | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Does a lawyer need to provide notice to the court when changing law firms and adding lawyers to a case?

My ex obtain a lawyer and that lawyer changed law firms. The ex lawyer filed a notice to relocate with a hidden agenda to change parenting time and authorize the children to go overseas. However the case was pleaded by a different lawyer I never heard of.

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... Read 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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Q: Should I hire a lawyer for my divorce?
Paul Ylvisaker
Paul Ylvisaker
answered on Dec 9, 2020

Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.

If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial...
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1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?

Steven J. Fromm
Steven J. Fromm
answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »

Troy Tyson
Troy Tyson
answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson
answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Divorce is pending and he stopped paying everything and refused to leave can I legally make him leave

I filed for a divorce the beginning of oct and he still living here and has stopped paying everything he won’t pay any bills won’t help buying food nothing! He’s not physically abusive Is there a way I can make him leave until we go to court

Troy Tyson
Troy Tyson
answered on Oct 29, 2020

Yes, you need to request what is called a "provisional order" from the court. This will allow you to have temporary orders put in place while the divorce is pending. You can ask the court to make him leave the house during that time. You should speak with an attorney, or contact your... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson
answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Indiana on
Q: Hi I have an initial hearing scheduled for this wed 10/21 and have no representation for the hearing.

This is to set initial custody child support etc.

Troy Tyson
Troy Tyson
answered on Oct 20, 2020

You should consider contacting one of the lawyers on Justia to see if you can set up a brief consultation to review your matter. Having representation for a case like this can be very helpful. If you cannot find an attorney by the time of tomorrow's hearing, you can ask the court for a... Read more »

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: My ex-husband has been ordered to pay me $500/month but he hasn't paid at all. Can I seek an order of garnishment?

He doesn't show up for court so I don't know if he even knows that he's been ordered to pay me. I am trying to do this without a lawyer since it is so expensive and the money actually is owed to my daughter (for reimbursing tuition) and the legal fees would almost be as much as he... Read more »

Troy Tyson
Troy Tyson
answered on Jul 8, 2020

You may be able to obtain this type of order from the court, but as you were advised by the judge, you'll need to do it properly, and you will need to be able to prove that your ex-husband was served. If your ex-husband has failed to comply with the provisions of prior orders, he could be held... Read more »

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