When filing for divorce in Indiana, it is important that you file in the correct place. To file a petition for dissolution in the state of Indiana, at least one party must have lived in Indiana for at least six months. The Indiana party could be a resident of Indiana or a member of the United States military who has been stationed in Indiana. The county in Indiana in which the petition is filed will…
What is a No Contact Order? (Ind. Code 35-26-5 and 35-26-6) Courts can impose various forms of No Contact Orders, and they can even be a necessary condition of release on bail. No Contact Orders prevent one from (as the name suggests) contacting another individual, usually in the aftermath of a domestic dispute or other interpersonal conflict. (See Ind. Code 35-33-8-3.6). In the case of a domestic dispute, individuals often do not leave their home…
COVID -19 is sending the world into a state of panic and distress, Indiana recently joined other States in releasing a Stay at Home Order. Are you wondering how this Order affects your Parenting Time and Child Support? The State of Indiana released on Monday 23rd of 2020 a Stay at Home Order. The Order states for all Hoosiers to remain at home unless it is for an essential reason. “Essential Activities” are defined as…
One of the most overlooked topics when a couple divorcing is estate planning. When a couple gets married and starts a family it is typical for them to worry about an unforeseen accident or death. Couples plan for a Guardian for any minor children and how they want their assets split if one or both meet an untimely demise. If for some unfortunate reason the marriage shall end people often forget about their estate planning…
Moving soon? Wondering what you need to do to stay compliant with Indiana’s Relocation Rules? As of July 1, 2019, Indiana revised I.C.31-17-2.2 the Notification of Intent to Relocate statute. Who is required to file? Any individual who is moving their principal residence and has or is seeking custody, parenting time, and/or grandparent visitation with a child. It is important to note that custody and/or parenting time need not be ordered by a court for…
That seems to be a question that we hear more and more from potential clients. First, it is important to define what it means when parental rights are terminated. If parental rights are terminated it means that a parent no longer has any legal, social, or financial responsibility for the child. The parent would have no right to custody or visitation with the child, nor would they have a financial responsibility to support the child. …
Once you have decided to divorce, one of the first things you may think about is property division. Before division of assets and debts can be determined, you first must determine what is, or is not, marital property. Some common misperceptions are (1) if a piece of property is titled in one spouse’s name, it will go to that spouse and the other spouse has no claim to that property; (2) if property was acquired…
While the short answer to how property is divided in a divorce is equally, that may not always be the case. Indiana is an equitable division state. Indiana Code states that property shall be divided “in a just and reasonable manner.” I.C. § 31-15-7-4(b). However what is “just and reasonable” is not always clear. Ind. Code § 31-15-7-5 sets forth the presumption for equal division of marital property and the rebuttal, as follows: The court…