Indiana Divorce Questions & Answers
Q: Wife filed in a non resident county. Is that legal. Will it stand up in court?
We both live in Marshall county. She filed in St. Joe. Can we still get divorced? Is that allowed?
Based on the information provided in your question I would say no. Most counties and states have a minimum residency requirement in order to file an action.
Q: How long does a woman have to change her name after the court restored the name she requested? It’s been seven years.
The woman has picked up many charges and is using my last name to do so including a recent deception charge. She’s trying to impersonate my children’s deceased mother as well in hopes of becoming the payee for disability or social security. Plus, she’s squatting in a deceased man’s house... Read more »
Based on the information provided in your question as long as the court issued an order she could restore her maiden name upon the dissolution of marriage then it can be done, even though the order if old.
Q: If my spouse filed for divorce with an attorney, , do I have to file a pro se appearance for myself?
My spouses filing only included the petition and the attorneys appearance, 2 pages. There was nothing included for what my spouse is requesting for me to "respond" to. I was just unsure if I had to file an appearance for myself since I would be pro se if I were to request anything or not from my... Read more »
Based on the information you provided in your question and your current situation, you can file a pro se appearance but it is not really required unless by local rule of your jurisdiction. You should have also received a summons and a court date on that summons to appear in court. If you want to... Read more »
Q: I’m living in Japan but I’d like to sue my heartless ex who lives in West Lafayette. Can I sue him even I’m overseas?
Sure, but you will have to hire an Indiana lawyer to file the suit.
Q: How long do i have to wait after my divorce is final to remarry?
My divorce will be final in June. I want to know if i have to wait a certian peroid (30 days) before i can get remarried.
As long as the judge has signed the divorce decree finalizing your divorce, you have received a file stamped copy of that order from the court, you can get married anytime after that.
Q: Can I request that my ex spouse pays my legal fees?
Yes, you may. Whether or not you have a legal basis for that request or whether or not the judge will grant it is another question.
Q: I am filing pro se divorce do I need to list my house and car since I owned them before I was Married
All property owned at the time you file for divorce is included in the marital estate. It is included no matter how it is titled or when it was purchased. When dividing marital assets the court can consider value of assets brought into the marriage. There are many factors that may impact how the... Read more »
Q: My son is seeking a divorce from his mentally unstable wife of 7 years. His work schedule is from 8-5 what does he need
Do to get this done. He has custody of the kids right now and is seeking for full custody.
Your son needs to contact an attorney to set-up an appointment to discuss his case and determine what steps need to be taken going forward.
Each case is unique, so it's difficult to provide an answer without knowing more facts about your son's case. We offer free consultations, so feel... Read more »
Q: how long do i have to reside in indiana to apply for a divorce?
I have been living in indiana since july 2018, but had my state ID made in september 2018
Either you or your spouse has to have been living in Indiana for 6 months. Your state ID is not dispositive of how long you have been living in Indiana. In addition to having had lived in Indiana for 6 months, you must have lived in the county you are filing in for at least 3 months to file for... Read more »
Q: Is Indiana a no fault state?
Yes, Indiana is a no fault state. In Indiana, the petition for dissolution typically states there has been an irretrievably breakdown of the marriage. The Court may take a party's behavior or actions into account when determining custody and parenting time for children and/or an equitable... Read more »
Q: Am I entitled to my husbands 401k/pension even though he had it prior to our marriage?
In Indiana all property owned by the parties at the time of legal separation (time divorce is filed) is included in the marital estate. As long as pension and or 401(k) are vested they will be included in the marital estate. However, your husband may argue to deviate from the presumptive 50/50... Read more »
Q: I need to file for divorce. I’m sick and currently can not work due to medical reasons. He gives me no financial support
You can file and ask for a provisional hearing, during which you can ask for provisional support.
Q: How do I know if I can afford to divorce my husband?
In regard to legal fees, if there is a disparity in income, an attorney can petition the Court for your spouse to pay all or part of your legal fees. Further, if there are assets that will be sold or assets you will acquire in the divorce, some attorneys will be willing to wait till the divorce is... Read more »
Q: When a couple decides to get a divorce, can the husband or the wife take anything out of the house prior to the divorce?
This would be when they're still living together but they decide they no longer want to live together and they're going to get a divorce but have not filed for divorce. I want to know if my husband can legally take any possession he wants out of the house
Unfortunately, until there is an Order from the Court or you reach an agreement as to who gets possession of certain property both of you own the property. Therefore there is not much you can do to prevent your spouse from removing property from the marital residence. I recommend taking pictures... Read more »
Q: If terms of a divorce decree are breached can the injured party sue for damages?
It depends on what terms are breached, but generally yes. Contact an attorney in your county and he or she can tell you how.
Q: Can you be told to stay in one particular area?
After divorce I am wanting to move across town, 20-30 minutes. We are in a bitter divorce to be decided by the court. Can they make a person stay in a particular town/school district? Have school aged children. It just sounds like ex is bitter and wanting to stay in control.
Yes, the court can make you stay in a particular town or school district if you have custody of the children.
Q: Question regarding the married name change after divorce.
I was married and divorced in Florida and i used my ex last name during the marriage but when we both were separated i didn't know that i need to ask for my maiden name back. Now i couldn't get my maiden name back as it is not mentioned in my divorce decree. Currently am living in Indiana from past... Read more »
Unfortunately, since you did not change your name in the Divorce Decree, you will need to Petition for a Name Change in Indiana. The Indiana Supreme Court has a "self service" section that has some online materials on how to file for a Name Change. I included the link below:... Read more »
Q: I owned my house for 15 years before marriage is he intitled to half when we divorce
No one is going to be able to give you a straight answer here. What qualifies as a marital asset is a determination that a judge may ultimately make in regards to any disputed property. You should consult with a divorce attorney in your area for representation and legal advice.
Q: Can i get an annulment due to abuse and fighting since the day we got married and if so, how long do i have till this?
It's just not working out at all and i want out before its too late
No, an annulment is not available due to fighting and abuse. An annulment can only be granted if the marriage is voidable, or, to put it more simply, defective under the law.
A marriage can be annulled in Indiana if:
one spouse was underage at the time of marriage;
one... Read more »
Q: Me an my Ex wife divorced in 2008, we were sued over the house, I paid my share. She has been court ordered to pay r
Remaining balance, but never did and I'm still being called upon to pay her share. Can I be removed from the case
I would need to know more details about the case to give you a better answer, but I assume you have 2 cases going. The Divorce court ordered her to pay 1/2 the cost, but there is a Civil case where both of you are liable for the house issue.
Unfortunately, you are still responsible for... Read more »
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