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Indiana Divorce Questions & Answers
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... 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... 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... 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.

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