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Indiana Divorce Questions & Answers
1 Answer | Asked in Divorce for Indiana on
Q: How can i protect my house during a divorce. Owned home 18 years married 1 year
Troy Tyson
Troy Tyson answered on Dec 18, 2020

All assets in a divorce are, on the surface at least, deemed to be in the "marital asset pot". However, you can argue (either at mediation or in court) that the house should be exempted due to the circumstances you described. It might be a good idea to sit down with an experienced family... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I cant afford a lawyer how do I answer a Dissolution??
Troy Tyson
Troy Tyson answered on Dec 17, 2020

You should ask the court if they have templates available that you can use. Many courts do. Also, you should consider contacting your local bar association to see if the offer pro bono or modest means representation. That might enable you to obtain representation for your case at an affordable... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: I got a notice for appearance with no instructions on where to appear or what that actually means. I am filing by myself

It is a without children, agreed on divorce. Where do I go?

Troy Tyson
Troy Tyson answered on Dec 15, 2020

It is difficult to ascertain what problem you are running into based on the information given. I would strongly suggest that you sit down with an experienced family law attorney who can walk you through this process. May attorneys offer free consultations and can give you more detailed guidance on... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
Q: Should I hire a lawyer for my divorce?
Paul Ylvisaker
Paul Ylvisaker answered on Dec 9, 2020

Always a difficult question because it does involve a financial commitment and often times emotions get in the way of rational decisions when it comes to separating a household.

If the divorce is amicable (rarely), there are no disareements about assets and debts (and your financial...
Read more »

1 Answer | Asked in Divorce, Family Law, Gov & Administrative Law and Legal Malpractice for Indiana on
Q: Why does the chronological case summary say that a notice of discovery was filed by me when I haven't done ANYTHING?

My husband filed a petition for dissolution of marriage behind my back on 10/23/2020 and it looks like his lawyer submitted a bunch of stuff to the court. I haven't talked to anyone, hired a lawyer, or talked to his lawyer AT ALL. It shows that a notice of discovery with the "filed... Read more »

Troy Tyson
Troy Tyson answered on Dec 2, 2020

It may have been an error by the clerk. You can try to contact the court to have them correct the CCS entry.

Also yes, effective service is required on you in order for the divorce to proceed.

Hope that helps.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Indiana on
Q: Can a divorce decree be altered years later when still dealing with minor children?
Troy Tyson
Troy Tyson answered on Nov 23, 2020

Yes. While matters of property division generally cannot be altered once a divorce is finalized, issues of custody, parenting time and support may be modified while the children are still minors. In order to get a modification, you would need to petition the court, explain the circumstances, and... Read more »

1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?

Steven J. Fromm
Steven J. Fromm answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

1 Answer | Asked in Divorce, Family Law and Child Custody for Indiana on
Q: Can my ex-wife keep me from seeing my kids all because she's upset with me and what can I do about it?

We have joint custody but she's the primary

Troy Tyson
Troy Tyson answered on Oct 29, 2020

She cannot see you from seeing your children if there is a court order that gives you the right to see them. If she is withholding them for an unjustified reason, you may want to consider taking her to court for contempt. You should speak with a family law attorney to get more information on your... Read more »

1 Answer | Asked in Divorce for Indiana on
Q: Divorce is pending and he stopped paying everything and refused to leave can I legally make him leave

I filed for a divorce the beginning of oct and he still living here and has stopped paying everything he won’t pay any bills won’t help buying food nothing! He’s not physically abusive Is there a way I can make him leave until we go to court

Troy Tyson
Troy Tyson answered on Oct 29, 2020

Yes, you need to request what is called a "provisional order" from the court. This will allow you to have temporary orders put in place while the divorce is pending. You can ask the court to make him leave the house during that time. You should speak with an attorney, or contact your... Read more »

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.

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