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Indiana Divorce Questions & Answers
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 »

1 Answer | Asked in Divorce for Indiana on
Q: My ex husband and i need to amend our divorce decree that was final in 2018. What form needs to be filled out in Indiana

I used to pay the mortgage and a credit card, but he has taken over payment of both and I need to get our decree amended to show this as I am looking to purchase a house and need it for underwriting purposes.

Troy Tyson
Troy Tyson answered on Jul 3, 2020

You can file a petition with the court for an agreed amendment to the original order. However, it would be highly advisable that you at least sit down with - if not retain - an experienced attorney to help you walk through this.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: How do you present text message evidence so it's admissible in court?

Myex filed a protection order as part of divorce dissolution. 14 pictures of sunburn entered as evidence. Have the texts stating I put sunscreen on the kids several times. Just want to show that to the judge. Also is sunburn really enough to keep an active father from his children for almost a... Read more »

Troy Tyson
Troy Tyson answered on Jun 29, 2020

If the text messages are communications between the parties to the case, you should be able to admit them with little trouble.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Indiana on
Q: My (current) husband and I are in the process of building a house, the mortgage loan is in his name...

However, the property is in both of our names. Infidelity on his part has caused me to research my potential options going forward and I would like to discuss my legal options. We have two innocent children involved in this mess as well. We live with his parents in one county (the same one we were... Read more »

Troy Tyson
Troy Tyson answered on Jun 19, 2020

The issues you raise are complex ones, and detailed answers would require a more in-depth review of your situation. It is possible, once a divorce is filed, to get through the process amicably and with little effect on the children. However, that largely depends on the respective postures of you... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Indiana on
Q: How can i get legal aide in a divorce/ custody case with no income?
Troy Tyson
Troy Tyson answered on May 20, 2020

You should consider speaking with Indiana Legal Services (https://www.indianalegalservices.org/) or the Indianapolis Bar Pro Bono Program (https://www.indybar.org/). If you live in a county other than Marion, then contact your local court and see if they can provide you with information on local... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I recently asked my husband to move out, and told him I want a divorce. Over the weekend, he left with our 13 year son.

I have been unable to contact my son. I don’t have a lawyer yet, but am looking for one. What are my options with finding my son?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information in your question you should seek counsel from your area immediately.

2 Answers | Asked in Divorce and Child Support for Indiana on
Q: I'm completely unfamiliar with divorce proceedings/steps. We have one minor child and fairly substantial assets

(home, recreational property, 401Ks, etc.). Minor child just turned 17 years old. I need to start the divorce process. How should I proceed/what do I do? Covid 19 protocol for face to face meetings with a lawyer? I never thought it would come to this.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 18, 2020

Based on the information provided in your question it would depend on the lawyer if they are doing face to face meetings or not. Additionally, no one ever is prepared or ready for this in their life, so finding a lawyer in your area that fits your needs is important.

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1 Answer | Asked in Divorce for Indiana on
Q: I am the petitioner while filling for an uncontested divorce. Do I use my maiden name or my husbands' last name?

I am unsure how to properly fill out several sections of the documents required, such as the summons and divorce decree section. I would love some assistance so that it is done properly before I submit it to my county courthouse.

Troy Tyson
Troy Tyson answered on Apr 30, 2020

You need to use whatever your legal last name is at this time. Also, I would highly recommend that you seek assistance from an experienced divorce attorney. While the courts do allow parties to go through this process without representation, generally this is not DIY territory.

1 Answer | Asked in Divorce and Civil Litigation for Indiana on
Q: We have been dating for 3 years, living together for 2. He cheated, now he wants me to move out. House is in his name.

We live in Indiana.

Troy Tyson
Troy Tyson answered on Apr 17, 2020

It is not clear what your question is. However, if your ex-boyfriend owns the house outright, he will have the right to force you to leave. Whether or not an eviction would need to be filed would depend on a variety of factors, and there is not enough information in your question to answer that.... Read more »

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... 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... 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... 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... 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.

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