Indiana State Divorce Laws and Resources
Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.
LEGAL GROUNDS FOR DIVORCE:
Dissolution of marriage shall be decreed upon a finding by a court of one of the following grounds and no other ground:
- Irretrievable breakdown of the marriage.
- The conviction of either of the parties, subsequent to the marriage, of a felony.
- Impotence, existing at the time of the marriage.
- Incurable insanity of either party for a period of at least two years
LEGAL SEPARATION:
Legal separation shall be decreed upon a finding by a court that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and that the marriage should be maintained. Residency requirements are the same as for dissolution, and a legal separation may not be granted if a dissolution of marriage has been filed. [Based on Indiana Code Title 31 – Article 15, Chapter 3-3 through 3-6]
PROPERTY DISTRIBUTION:
Indiana is an equitable distribution state. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable: (1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing. (2) The extent to which the property was acquired by each spouse: (A) before the marriage; or (B) through inheritance or gift. (3) The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children. (4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property. (5) The earnings or earning ability of the parties as related to: (A) a final division of property; and (B) a final determination of the property rights of the parties.
If the court finds there is little or no marital property, the court may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one spouse toward tuition, books, and laboratory fees for the higher education of the other spouse. The court, in determining what is just and reasonable in dividing property under this chapter, shall consider the tax consequences of the property disposition with respect to the present and future economic circumstances of each party.
RESIDENCY REQUIREMENTS:
At the time of the filing of a petition for dissolution, at least one of the parties must have been (1) a resident of Indiana; or stationed at a United States military installation within Indiana for six months immediately preceding the filing of the petition, or (2) a resident of the county; or stationed at a United States military installation within the county; where the petition is filed for three months immediately preceding the filing of the petition.
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:
The court may order maintenance in either a dissolution of marriage or a legal separation. If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity. If the court finds that a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse’s needs; and the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate. The court will take the following factors into consideration when awarding maintenance:
* the educational level of each spouse at the time of marriage and at the time the action is commenced;
* whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
* the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
* the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;
A court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.
NAME CHANGE:
A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution. [Based on Indiana Code Title 31 – Article 15, Chapter 2-18]
CHILD CUSTODY:
The court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child. The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following: (1) The age and sex of the child. (2) The wishes of the child’s parent or parents. (3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age. (4) The interaction and interrelationship of the child with: (A) the child’s parent or parents; (B) the child’s sibling; and (C) any other person who may significantly affect the child’s best interests. (5) The child’s adjustment to the child’s home, school, and community. (6) The mental and physical health of all individuals involved. (7) Evidence of a pattern of domestic or family violence by either parent. (8) Evidence that the child has been cared for by a de facto custodian. If a court determines that a child is in the custody of a de facto custodian, the court shall make the de facto custodian a party to the proceeding. The court shall award custody of the child to the child’s de facto custodian if the court determines that it is in the best interests of the child. [Based on Indiana Code Title 31 – Article 17, Chapter 2-8 through 2-13]
CHILD SUPPORT:
In an action for dissolution of marriage, legal separation , or child support, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including: (1) the financial resources of the custodial parent; (2) the standard of living the child would have enjoyed if the marriage had not been dissolved; or the separation had not been ordered; (3) the physical or mental condition of the child and the child’s educational needs; and (4) the financial resources and needs of the non-custodial parent. A child support order may also include, where appropriate, basic health and hospitalization insurance coverage for the child, and provisions for the child’s education. In a proceeding to establish, modify, or enforce a child support order, the court shall enter an order for immediate income withholding. The duty to support a child ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occurs:
* The child is emancipated before becoming 21 years of age due to joining the United States armed services, marriage, or is not under the care or control of either parent or an individual or agency approved by the court.
* The child is incapacitated. In this case the child support continues during the incapacity or until further order of the court.
* The child is at least 18, has not attended a secondary or postsecondary school for the prior four months and is not enrolled in a secondary or postsecondary school; and is or is capable of supporting himself or herself through employment. (If the child is only partially supporting or is capable of only partially supporting himself or herself, the court may order that support be modified instead of terminated.)
PREMARITAL AGREEMENT: A premarital agreement must be in writing and signed by both parties. Parties to a premarital agreement may contract with each other the rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located. A premarital agreement may not adversely affect the right of a child to support. A premarital agreement is not enforceable if a party against whom enforcement is sought proves that the party did not execute the agreement voluntarily; or the agreement was unconscionable when the agreement was executed.
CHILD SUPPORT IN THE STATE OF INDIANA – THE FEDERAL OPTION
Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.
How and where do I apply?
In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.
Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.
What are the steps to collecting support?
The first step, if a child was born out of wedlock, is to establish paternity – or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.
Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.
The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.
At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.
The most successful way to collect child support is by direct withholding from the obligated parent’s paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.
Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won’t be affected.
For More Information write for the Handbook on Child Support Enforcement by contacting:
ACF OCSE National Reference Center
370 L’Enfant Promenade, S.W.
4th Floor Washington, DC 20447
(202) 401-9383
The post Indiana State Divorce Law appeared first on gottrouble.com.