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Indiana Divorce Questions & Answers
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
PREMIUM
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... View 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,...
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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... View 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... View 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
PREMIUM
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... View 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... View 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... View 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... View 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:... View More

1 Answer | Asked in Divorce for Indiana on
Q: I owned my house for 15 years before marriage is he intitled to half when we divorce
Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 20, 2018

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.

1 Answer | Asked in Divorce for Indiana on
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?

It's just not working out at all and i want out before its too late

Alexander Florian Steciuch
Alexander Florian Steciuch
answered on Aug 20, 2018

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...
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1 Answer | Asked in Divorce for Indiana on
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

Remaining balance, but never did and I'm still being called upon to pay her share. Can I be removed from the case

William J Webster
William J Webster
answered on Aug 6, 2018

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...
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2 Answers | Asked in Divorce for Indiana on
Q: I am getting a divorce and my husband is trying to go after half of everything.

I have supported him completely for the last 20 years. He has his own business, but none of the money from that business was contributed to the family income. I paid for the past two years of our daughter's college, have paid every bill, have made insurance payments for his life, car, etc.,... View More

Betsy Walits
Betsy Walits
answered on Aug 1, 2018

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!

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1 Answer | Asked in Divorce for Indiana on
Q: My ex has decided to not pay and college expenses for our daughter in Indiana.

Daughter is 19. Emancipated at 18 to stop support payments. Agreed to pay, now says he is not. We did not have an agreement drawn up by attorneys for college expenses. Verbal only.

Daughter is a fulltime student.

Since my daughter is emancipated does my ex walk away scot free ?

William J Webster
William J Webster
answered on Aug 1, 2018

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

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

The night he left his family beat me and my sister and we had to get pictures of our body taken at the police station

William J Webster
William J Webster
answered on Aug 1, 2018

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.... View More

1 Answer | Asked in Divorce and Real Estate Law for Indiana on
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.

She up an left the house in summer of 2017 she told me keys were on counter that it was mine again. An after 7 months of cleaning she had me thrown off property she lives at another house we both live in Lagrange Co. Indiana. House in question is at 104 cemetery st Wolcottville, Indiana please help... View More

William J Webster
William J Webster
answered on Aug 1, 2018

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...
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1 Answer | Asked in Divorce and Real Estate Law for Indiana on
Q: Do both my ex wife and I need to sign as grantors of a quit claim deed to remove her from the deed?

Both of our names are currently on the deed. This is in Morgan County of Indiana.

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

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.

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