Lawyers, Answer Questions  & Get Points Log In
Indiana Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Does he have legal rights to the baby?

My friend lived in Indiana. She got married and had a baby with her husband. He didn't want to sign the birth certificate. They are now separated and they have not established paternity (but he is in fact the biological father). Does he have any rights to the baby even though they are married?

Troy Tyson
Troy Tyson answered on Apr 7, 2020

If a child is born during a marriage, the husband is presumed to be the father, although that can be rebutted. If the husband and your friend are still married, he does have custody/parenting time right, although exactly what they are would need to be decided by a court.

1 Answer | Asked in Divorce for Indiana on
Q: I'm trying to figure out if I have to divide my assets 50/50 if I get a divorce if nothing is in my husband's name.

My house, car, and bills are all in my name. He had absolutely nothing but a bag of clothes when I met him. I already had my car when I met him, and built and moved into a new home right before we got married. He does work and contribute to the household, but I dont feel after 2½ years of... Read more »

Troy Tyson
Troy Tyson answered on Apr 7, 2020

The general position of Indiana law is to aim for an equitable division of all "marital property," which generally includes any property obtained after the date of marriage. However, the implementation of this rule varies greatly depending on the facts of each situation. Also, parties often find... Read more »

1 Answer | Asked in Divorce and Small Claims for Indiana on
Q: If my ex husband agreed in the divorce to take responsibility for our debt for apartment can they still come after me?

Me and my ex husband got evicted back in 2015 went to court they won, I haven't worked since the court ended in 2017 well they are trying to say I work which I don't but take me to court for money well at the time of mine and my ex husband court date he agreed to take full responsibility of the... Read more »

Troy Tyson
Troy Tyson answered on Apr 1, 2020

Yes, unfortunately, the apartment can still come after you for the debt that you signed on for with your husband, and any of your other creditors for the same type of situation can also come after you. While your divorce agreement is a court order and does make your ex-husband liable for the debts,... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: In what Indiana county should a couple file for divorce?

They are selling their house in Northern Indiana since he lost his job. She is moving back to Johnson county, he is moving to Marion county for a job. Where do they file for divorce?

Troy Tyson
Troy Tyson answered on Feb 27, 2020

At least one of the parties will need to have lived in the county of filing at least 3 months prior to the date of filing. Therefore, if they are both living in northern Indiana and have been for some time, they should file in their county there.

1 Answer | Asked in Divorce for Indiana on
Q: What is considered final separation of the parties

After I filled for divorce one week after, I was obligated to leave the family house with a PO. is this considered the final separation?, or is final separation when the Divorce its is settled in the court?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 21, 2020

Based on your question final separation can occur when the divorce is filed.

1 Answer | Asked in Divorce, Family Law and Child Support for Indiana on
Q: I have been separated from my husband for 4 years. Can I file for child support even though I'm still married to him?

I had a lawyer pro bono & we couldnt find my husband.

I found out that I had to pay 280 for an ad in the paper where we last knew he resided but I couldnt afford the fee.

I was told I couldnt file for child support until the divorce paperwork was in place.

Is this true?... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 12, 2020

Based on your question you can go to your local IV-D Prosecutor's Office and see if they will allow you to.

1 Answer | Asked in Divorce for Indiana on
Q: I was married for less than 3 months. During that time, my husband sold his home and moved into my home. He received

He received 37,000 for the sale and put in into our joint account. One month later, he took all of the money from the joint account and left me with 600. Can he do that?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 11, 2020

Based on your question you are married, he can.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can I file for divorce and sole custody of my child while my spouse is in a psychiatric hospital?

She was initially self admitted, however is being transferred from a stress center to "another facility" that the staff will not disclose to any one. The will not even confirm that she is at the stress center at this time, although her mother confirms that she is there.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question you can file for divorce at anytime for any reason in the State of Indiana.

1 Answer | Asked in Divorce for Indiana on
Q: Can the court order my ex wife to get a real job?

My ex claims she has 3 jobs! 1 babysitting job under the table for 2 friends. 1 babysitting job for a legit company down the street. And 1 job at the YMCA paying less than $9/hr and less than 15 hours a week. She says her total income is $215/week. I can get her a bus driving job making $608/wk.... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 10, 2020

Based on your question no the court can't order her to get a real job, she is employed. You can request that her boyfriends income be imputed but there is no guarantee it will by the court.

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: No custody has been decided by a court. No judgments. Can she take my son to a different state against my wishes?

She filed for divorce in a county we do NOT have residence in (her mom and dad's home). She moved herself there with my son under the pretense that she would be seeing a specialist for his health and doing work while her parents babysit. I was more than taken by surprise by the divorce filing.... Read more »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Feb 5, 2020

Based on your question the residency requirement is 3 months in any county in the State of Indiana. You are still the biological parent and should have custody and parenting time. You need to seek counsel to address these matters.

1 Answer | Asked in Divorce for Indiana on
Q: I want to file for divorce and we have 2 kids but their grandmother has guardianship of the.m thru DC's how does that wo
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 29, 2020

That would not prevent you from filing for divorce

1 Answer | Asked in Divorce for Indiana on
Q: If an ex-spouse is not following a court order - what do I do?

No kids, but solely involves a single dollar amount he was to pay. He has not paid it and his lawyer is failing to respond to any phone call and email I make and send. I was going to file a contempt motion but was not sure this was the best route.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jan 28, 2020

Based on your question a contempt citation should be filed.

2 Answers | Asked in Divorce for Indiana on
Q: Any way to force the ex husband to assume the mortgage on the house he bought me out of in the divorce? He is refusing.

I had until 12/16 to be paid the money and move out. I did so and signed a quit claim deed in order to be considered by my new mortgage company for a loan on a new house. Now the ex won’t sign the loan assumption papers or refinance... what can I do?

Betsy Walits
Betsy Walits answered on Jan 23, 2020

Your redress is through the court that ordered your divorce. Your ex has violated the court order. You will file a Rule To Show Cause, and because he has violated the order you might be able to get an attorney to represent you to get an order demanding he pay your fees. If you don’t want to hire... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: My ex and I share joint legal & physical custody of our daughter. Whose address is her legal address?

Our divorce decree does not state whose address is her legal address. My address is used for health insurance as I carry it and her dad's address is used for school. She will be getting her license soon and we are not sure what address should be used.

Troy Tyson
Troy Tyson answered on Jan 20, 2020

You should consider modifying the decree to explicitly state the Child's formal address. This could continue to cause problems down the line.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: Where can I find in the guidelines or law about child support for split custody?

We do not have joint custody. I have custody of the oldest, my ex has custody of the two younger. Where in the guidelines does it address split custody child support?

Troy Tyson
Troy Tyson answered on Dec 24, 2019

Your situation would be addressed directly by the Indiana Child Support Calculator, which takes into account any additional child support obligations of either party. Hope that helps.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Indiana on
Q: What exactly is a Motion for Rule to Show Cause? I asked the Court to hold my soon to be ex-wife in Contempt of Court

My soon to be ex-wife wife was ordered by the Judge over the PO Hearing to return my personal property that she was refusing to return. Her parents were to drop it off at the end of my parents driveway and they did not do it. I wrote a letter to the Judge requesting that he hold them in Contempt of... Read more »

Troy Tyson
Troy Tyson answered on Dec 20, 2019

There's not enough information in your question to say for sure what the document pertains to, but in general, a Motion for Rule to Show Cause is what is filed when one party is requesting that the court find another party in contempt for violation of an order. So, it could be that the court... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Indiana on
Q: What is the statute in indiana that is fir dissolution of marriage and domestic relation.

I am filling a motion to establish joint custody and visitation if this helps.

Troy Tyson
Troy Tyson answered on Dec 19, 2019

The section of the Indiana code that deals with dissolution of marriage is I.C. 31-15.

Hope that helps.

1 Answer | Asked in Divorce for Indiana on
Q: When preparing an affidavit as a witness, should state and county of where case is be at the top? Or state of witness?
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 15, 2019

The State and County of the matter/action

1 Answer | Asked in Divorce for Indiana on
Q: Can I file for divorce without a lawyer
John Mario Acosta Jr.
John Mario Acosta Jr. answered on Oct 7, 2019

Yes.

1 Answer | Asked in Child Support, Divorce and Family Law for Indiana on
Q: In the state of indiana do you have to fill out a financial worksheet for support even if you are doing joint custody?
Clarissa Finnell
Clarissa Finnell answered on Oct 3, 2019

If you are asking if you will be required to file a child support worksheet in cases where you share joint physical custody then the answer is most likely "yes". It is not necessarily the case that neither party pays support when they share equal time with their children. Indiana utilizes an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.