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Indiana Divorce Questions & Answers
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 »

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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 »

1 Answer | Asked in Divorce for Indiana on
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?

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Aug 1, 2019

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.

1 Answer | Asked in Divorce, Family Law, Identity Theft and Libel & Slander for Indiana on
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 »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 30, 2019

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.

1 Answer | Asked in Divorce for Indiana on
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 »

John Mario Acosta Jr.
John Mario Acosta Jr. answered on Jul 10, 2019

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 »

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