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Indiana Divorce Questions & Answers
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 »

1 Answer | Asked in Criminal Law, Divorce and Sexual Harassment for Indiana on
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?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 14, 2019

Sure, but you will have to hire an Indiana lawyer to file the suit.

2 Answers | Asked in Divorce for Indiana on
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.

John Mario Acosta Jr.
John Mario Acosta Jr. answered on May 15, 2019

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.

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1 Answer | Asked in Divorce for Indiana on
Q: Can I request that my ex spouse pays my legal fees?
Alexander Florian Steciuch
Alexander Florian Steciuch answered on May 5, 2019

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.

1 Answer | Asked in Divorce for Indiana on
Q: I am filing pro se divorce do I need to list my house and car since I owned them before I was Married
Clarissa Finnell
Clarissa Finnell answered on Apr 16, 2019

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 »

1 Answer | Asked in Child Custody and Divorce for Indiana on
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.

William J Webster
William J Webster answered on Feb 26, 2019

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 »

1 Answer | Asked in Divorce for Indiana on
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

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Jan 23, 2019

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 »

1 Answer | Asked in Divorce for Indiana on
Q: Is Indiana a no fault state?
William J Webster
William J Webster answered on Dec 9, 2018

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 »

1 Answer | Asked in Divorce for Indiana on
Q: Am I entitled to my husbands 401k/pension even though he had it prior to our marriage?
Clarissa Finnell
Clarissa Finnell answered on Nov 27, 2018

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 »

1 Answer | Asked in Child Custody, Child Support and Divorce for Indiana on
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
Betsy Walits
Betsy Walits answered on Oct 10, 2018

You can file and ask for a provisional hearing, during which you can ask for provisional support.

1 Answer | Asked in Divorce for Indiana on
Q: How do I know if I can afford to divorce my husband?
William J Webster
William J Webster answered on Oct 1, 2018

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 »

1 Answer | Asked in Divorce for Indiana on
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

William J Webster
William J Webster answered on Sep 19, 2018

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 »

1 Answer | Asked in Divorce for Indiana on
Q: If terms of a divorce decree are breached can the injured party sue for damages?
Betsy Walits
Betsy Walits answered on Sep 6, 2018

It depends on what terms are breached, but generally yes. Contact an attorney in your county and he or she can tell you how.

2 Answers | Asked in Divorce for Indiana on
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.

Alexander Florian Steciuch
Alexander Florian Steciuch answered on Aug 30, 2018

Yes, the court can make you stay in a particular town or school district if you have custody of the children.

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1 Answer | Asked in Divorce for Indiana on
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 »

William J Webster
William J Webster answered on Aug 28, 2018

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 »

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