Indiana Divorce Questions & Answers

Q: Is Indiana a no fault state?

1 Answer | Asked in Divorce for Indiana on
Answered on Dec 9, 2018
William J Webster's answer
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 division of the marital estate.

I hope the above answers your question. If you have any additional questions, please feel free to contact our office at 317-565-1818.

-Will

Q: Am I entitled to my husbands 401k/pension even though he had it prior to our marriage?

1 Answer | Asked in Divorce for Indiana on
Answered on Nov 27, 2018
Clarissa Finnell's answer
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 division of marital assets based upon fact that some or part of his pension were brought into the marriage. There are several factors the court considers that may lead to a deviation from a 50/50...

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

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Oct 10, 2018
Betsy Walits' answer
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?

1 Answer | Asked in Divorce for Indiana on
Answered on Oct 1, 2018
William J Webster's answer
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 final and assets are available for legal fees. If the above does not apply to you, then there are organizations that provide free or reduce rate legal fees. Indiana Legal Services is a great...

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?

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 19, 2018
William J Webster's answer
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 and/or making a list of all the property in the house that your husband has removed. He is not supposed to "dissipate" assets, meaning get rid of property, therefore if items come up missing or he...

Q: If terms of a divorce decree are breached can the injured party sue for damages?

1 Answer | Asked in Divorce for Indiana on
Answered on Sep 6, 2018
Betsy Walits' answer
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?

2 Answers | Asked in Divorce for Indiana on
Answered on Aug 30, 2018
Alexander Florian Steciuch's answer
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.

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 28, 2018
William J Webster's answer
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:

https://www.in.gov/judiciary/selfservice/2488.htm

After your review, if you have any additional questions or need further assistance, please contact my office at 317-565-1818.

-Will

Q: I owned my house for 15 years before marriage is he intitled to half when we divorce

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 20, 2018
Alexander Florian Steciuch's answer
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?

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 20, 2018
Alexander Florian Steciuch's answer
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 spouse was convinced to marry by fraud;

one spouse was coerced to get married (married "under duress");

one spouse didn't know the other spouse was already married at the time of marriage,...

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

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 6, 2018
William J Webster's answer
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 the debt in the Civil case, so you would need to file a motion for contempt in the Divorce case to try and get payment from her to address the Civil case. If she does not have the funds, then you...

Q: I am getting a divorce and my husband is trying to go after half of everything.

2 Answers | Asked in Divorce for Indiana on
Answered on Aug 1, 2018
Betsy Walits' answer
You need an attorney yesterday. Anyone who has substantial assets needs an attorney. He should get half minus the value of his business but it appears you aren’t calculating it properly. You really need an attorney!

Q: My ex has decided to not pay and college expenses for our daughter in Indiana.

1 Answer | Asked in Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
Unfortunately if you did not file a Motion for College expenses with the Court prior to her turning 19, then you will not be able to force him to contribute towards college expenses.

If you have any additional questions, please feel free to contact me at 317-565-1818.

-Will

Q: I am married with a child and i havent heard or seen from her father in almost 3 years. Doea he have any rights.

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
First, I am sorry to hear about the domestic abuse. Unless the Court terminates parental rights which is usually done in adoption cases or cases where the children are removed from the parents by the State. Therefore, unless there is an adoption, your husband will always have parental rights.

If you haven't done so already, I recommend filing for a Protective Order and including the child, so if he suddenly appears and wants to see the child you will have a protective order in...

Q: divorced in 2014 I gave my x wife the house, I also told her it had to be taken out of my name by 2015 she didn't.

1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Answered on Aug 1, 2018
William J Webster's answer
Jared,

I would need to review your Settlement Agreement / Divorce Decree to provide a better answer to your question. If the the Settlement Agreement awards her the house and she is supposed to refinance and/or execute a quitclaim deed to remove your name, then you could file a contempt and seek assistance from the Court to enforce the Divorce Decree.

If she is not able to refinance, then you could request the Court order the house to be sold.

I hope the above...

Q: Do both my ex wife and I need to sign as grantors of a quit claim deed to remove her from the deed?

1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Answered on Jul 30, 2018
Alexander Florian Steciuch's answer
Your ex-wife could disclaim her interest in the property on her own, leaving you as the sole owner. She would still have to have a new deed drawn up showing that she transferred her interest in the property to you.

Q: Indiana. Child support calculation legally separated.

2 Answers | Asked in Divorce for Indiana on
Answered on Jul 14, 2018
Betsy Walits' answer
You need to make an argument about that. You need to get her current pay stubs and yours. If you don’t have attorneys the judge will have to calculate or you can use the online calculator.

They can take her YTD or her current salary. Make sure to identify the date new CP numbers will go into effect(usually the Friday after the Decree is signed).

Q: I can’t get my name off the marital home, he isn’t able to refinance, how do I get the judge to honor the decree?

1 Answer | Asked in Divorce for Indiana on
Answered on Jul 13, 2018
Betsy Walits' answer
You probably need an attorney to file a motion to sell the home if it cannot be refinanced.

The judge cannot force someone to give him a loan. You need to ask for an alternative remedy.

Q: How much to file for a divorce

1 Answer | Asked in Divorce for Indiana on
Answered on Jul 13, 2018
Betsy Walits' answer
The filing fee can vary by a few dollars county to county, but our office generally pays $ 182 for Porter county including credit card fees. There is an additional fee for personal service. This fee is paid by the client.

As for retainers I am personally aware that retainers range from $800-15,000. I personally charge $2500 retainer for a divorce with minor children and $2000 without. There are exceptions and this is a retainer not a flat fee. Additionally I have a completely different...

Q: Ex is to provide monthly Child Support payments and has barely made any payments, EX MIL says No Job, No Money.

2 Answers | Asked in Divorce for Indiana on
Answered on Jun 21, 2018
William J Webster's answer
For you r ex to be in contempt, the Court must find a "willful disregard" of the Court's Order. If your ex is temporarily unemployed and does not have any income, then he could argue that he is not willfully disregarding the Court's Order, as he does not have the financial ability to pay the support. In my opinion, he would have to show the Court that he is taking great efforts to find employment by applying for multiple jobs per day to not be found in contempt. He cannot simply say, I...

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