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FAQs
General Divorce FAQs
- What are the grounds for divorce in Indiana?
- How long do you have to be married to file for divorce in Indiana?
- How long does it take to get a divorce in Indiana?
- Do I need to prove fault to get a divorce in Indiana?
- How is property divided in an Indiana divorce?
- What is considered marital property in Indiana?
- What is spousal support (alimony) in Indiana?
- Can I change my name after a divorce in Indiana?
- What happens to the family home in a divorce in Indiana?
- How is debt divided in an Indiana divorce?
1. What are the grounds for divorce in Indiana?
In Indiana, a divorce can be filed based on either "no-fault" or "fault" grounds. The most common ground is "irretrievable breakdown of the marriage," meaning that the marriage is no longer viable and cannot be repaired. Fault grounds include things like adultery, abandonment, or cruelty, but Indiana courts typically focus on no-fault grounds.
2. How long do you have to be married to file for divorce in Indiana?
There is no minimum length of marriage required to file for divorce in Indiana. You can file for divorce as soon as the marriage is deemed irretrievably broken.
3. How long does it take to get a divorce in Indiana?
In Indiana, there is a mandatory 60-day waiting period from the date the divorce petition is filed to the date the divorce can be finalized. This waiting period applies regardless of whether the divorce is contested or uncontested. If there are complex issues (such as child custody, support, or property division), the divorce may take longer.
4. Do I need to prove fault to get a divorce in Indiana?
No. Indiana allows for no-fault divorces, meaning that you do not have to prove fault (such as adultery or abuse) to get a divorce. You only need to state that the marriage is irretrievably broken.
5. How is property divided in an Indiana divorce?
Indiana follows the principle of "equitable distribution." This means property is divided fairly, but not necessarily equally. The court will consider factors like the length of the marriage, the contribution of each spouse, and each spouse's economic situation.
6. What is considered marital property in Indiana?
Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title or account. This includes real estate, bank accounts, retirement funds, vehicles, and any debts incurred during the marriage. Property that was acquired before the marriage, or by gift or inheritance, is generally considered separate property and is not subject to division.
7. What is spousal support (alimony) in Indiana?
Spousal support can be awarded in Indiana based on factors like the recipient’s need and the payor’s ability to provide support. It may be awarded temporarily (while the divorce is pending) or permanently (in long-term marriages or when one spouse is unable to support themselves).
8. Can I change my name after a divorce in Indiana?
Yes. Indiana allows individuals to request a name change during the divorce process. If you wish to return to a maiden name or adopt a different name, you can request that the court restore your former name.
9. What happens to the family home in a divorce in Indiana?
The family home may be sold and the proceeds divided between the spouses, or one spouse may be awarded the home, often with the other spouse receiving a larger portion of other assets to offset the value of the home.
10. How is debt divided in an Indiana divorce?
Like property, debts incurred during the marriage are considered marital debts and may be divided between the spouses. The court will consider the overall financial situation of both parties when dividing marital debts.
Divorce With Children FAQs
- What factors does an Indiana court consider when making custody decisions?
- How does Indiana law determine child support?
- What is parenting time, and how is it determined in Indiana?
- Can a child decide which parent they want to live with in Indiana?
- What are the types of child custody in Indiana?
1. What factors does an Indiana court consider when making custody decisions?
In Indiana, the court makes custody decisions based on the best interests of the child. Factors include the child's age, the mental and physical health of both parents, the child's relationship with each parent, the child's adjustment to home, school, and community, and the willingness of each parent to support a positive relationship with the other parent.
2. How does Indiana law determine child support?
Indiana uses a set of guidelines, known as the Indiana Child Support Guidelines, to calculate child support. These guidelines consider the income of both parents, the number of children, and other factors like healthcare costs, childcare expenses, and the amount of time each parent spends with the child (parenting time). The Indiana Child Support Calculator can help estimate support obligations.
3. What is parenting time, and how is it determined in Indiana?
Parenting time refers to the time a child spends with each parent. Indiana courts typically encourage both parents to have regular and meaningful contact with their children. Parenting time schedules are tailored to the child's best interests, considering factors such as the parents' work schedules, the child's school and extracurricular activities, and the distance between the parents' homes. Indiana law includes standard parenting time guidelines, but courts can modify them based on individual circumstances.
4. Can a child decide which parent they want to live with in Indiana?
In Indiana, the court will consider the child's wishes, but only if the child is at least 14 years old. For children younger than 14, the court will weigh the child's preference along with other factors. Ultimately, the court's decision will prioritize the best interests of the child.
5. What are the types of child custody in Indiana?
Indiana recognizes two main types of child custody: physical custody (where the child lives) and legal custody (the right to make decisions about the child's education, healthcare, and other major decisions). Custody can be joint (both parents share custody) or sole (one parent has full custody).
Juvenile Paternity
- How do I establish paternity in Indiana?
- What rights do fathers have in Indiana if paternity is established?
- Can a paternity case be reopened in Indiana?
1. How do I establish paternity in Indiana?
Paternity can be established voluntarily by both parents signing a paternity affidavit at the hospital or later through the courts if there is a dispute. Once paternity is established, the father can seek visitation and custody rights and may be required to pay child support.
2. What rights do fathers have in Indiana if paternity is established?
Once paternity is established, the father has rights to seek custody, parenting time (visitation), and may also be required to pay child support. Fathers can also seek to be included in decisions regarding the child’s upbringing, such as education and healthcare.
3. Can a paternity case be reopened in Indiana?
Yes. Paternity can be contested or reopened if new evidence arises, or if the initial determination was based on fraudulent or misleading information. DNA testing may be ordered to establish paternity.
Foster Facilitation
- What is the process for becoming a foster parent in Indiana?
- What are the rights of foster parents in Indiana?
- How long can a child stay in foster care in Indiana?
- Can foster parents adopt a child in Indiana?
1. What is the process for becoming a foster parent in Indiana?
Becoming a foster parent in Indiana involves completing a home study, attending foster parent training, and undergoing background checks. The Indiana Department of Child Services (DCS) will assess your ability to care for a child and determine if you meet the criteria.
2. What are the rights of foster parents in Indiana?
Foster parents in Indiana do not have legal parental rights over a child in their care. However, they are entitled to participate in the child’s care, attend meetings about the child’s welfare, and provide input on the child’s placement.
3. How long can a child stay in foster care in Indiana?
The length of time a child stays in foster care depends on the individual case. The goal is usually reunification with the biological parents, but if that’s not possible, the child may be placed for adoption.
4. Can foster parents adopt a child in Indiana?
Yes. If reunification is not possible, foster parents can apply to adopt the child in their care. The process involves home studies, background checks, and an adoption hearing.
Adoptions
- What is the adoption process in Indiana?
- Can a birth parent change their mind after giving consent to adoption in Indiana?
- What are the different types of adoption in Indiana?
- How long does the adoption process take in Indiana?
- Can an adoption be contested in Indiana?
1. What is the adoption process in Indiana?
The adoption process in Indiana involves several steps: completing an adoption application, undergoing a home study, attending an adoption hearing, and finalizing the adoption with the court. Adoptive parents must meet specific criteria, including being at least 18 years old and financially stable.
2. Can a birth parent change their mind after giving consent to adoption in Indiana?
In Indiana, birth parents can revoke their consent to adoption within 30 days of signing the consent form, provided that the revocation is in writing. After the 30-day period, the consent becomes irrevocable, but adoption can still be contested under certain circumstances.
3. What are the different types of adoption in Indiana?
Types of adoption in Indiana include agency adoption, private adoption, relative adoption, and stepparent adoption. Each type has its own set of rules and procedures.
4. How long does the adoption process take in Indiana?
The adoption process in Indiana can take anywhere from several months to over a year, depending on the type of adoption, the court’s caseload, and whether any complications arise during the process.
5. Can an adoption be contested in Indiana?
Yes. Adoptions in Indiana can be contested by the birth parents or other interested parties. However, once the adoption is finalized, it is legally binding and very difficult to overturn.
Guardianships
- What is a guardianship in Indiana?
- How do I establish guardianship over a child in Indiana?
- Can a guardianship be terminated in Indiana?
- What are the responsibilities of a guardian in Indiana?
1. What is a guardianship in Indiana?
A guardianship in Indiana is a legal arrangement in which a person (the guardian) is given the responsibility of caring for and making decisions for another person (the ward), usually a minor or an incapacitated adult.
2. How do I establish guardianship over a child in Indiana?
To establish guardianship over a child, you must file a petition with the court, attend a hearing, and demonstrate that the child’s parents are unable or unwilling to care for them. The court will assess the best interests of the child when making a decision.
3. Can a guardianship be terminated in Indiana?
Yes. Guardianships can be terminated if the circumstances change. For example, a parent may regain custody of a child, or an incapacitated adult may recover enough to manage their own affairs. Guardianships can be challenged in court.
4. What are the responsibilities of a guardian in Indiana?
A guardian in Indiana has the responsibility to provide for the ward’s care, education, and welfare. The guardian is also responsible for managing the ward’s finances, if applicable, and must report to the court periodically.
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