Indiana Divorce and Separation Resources
The following information is a summary of Indiana divorce law, child custody determination, and child support calculations. You can find divorce lawyers, separation and divorce forms, support services, and domestic violence shelters and hotlines. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersDivorce & Parenting Services Private Investigators Background Checks Divorce SupportSupport GroupsDomestic ViolenceShelters and Hotlines |
Divorce PapersDivorce and Separation FormsOnline Divorce Divorce Form Preparation QDRO Preparation Family Law ResourcesDivorce LawsChild Support Guidelines Indiana Child Support Calculator Child Support Enforcement |
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INDIANA DIVORCE LAWYERS
Law Office of Burton A. Padove
533 Ridge Road, Unit C
Munster, Indiana 46321
Phone: (219) 836 2200
Fax: (219) 836 9388
email:
Counties Served: Lake and Porter
We understand the legal, personal and emotional nature of family legal matters and the importance of trust in the attorney client relationship. Our firm helps people navigate the unknown and find the best possible outcome to difficult situations. With a commitment to communication, personal attention and timely results, you'll find that our firm not only knows the law, but knows people.
Need a Divorce Lawyer?
LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free &
Confidential. You can post you legal issues with Legal Match and receive a reply
from qualified attorneys who can handle your case. Legal Match
is a good directory that empowers consumers to locate and
thoroughly review the experience, availability and price of
pre-screened attorneys before deciding whom to contact.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Indiana. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your Indiana divorce forms today.
QDRO PREPARATION
QdroDesk - is an industry proven online service providing divorcing spouses with an instant, easy, accurate, and affordable method for obtaining Qualified Domestic Relations Orders (QDROs), the appropriate settlement agreement language, and processing instructions to divide a retirement account upon divorce. The service is a result that only 45 years of combined QDRO experience can provide. When combining this expertise with a smart question and answer technology, QdroDesk has easily become the ideal solution for QDRO preparation.
DIVORCE AND PARENTING SERVICES
Center for Divorce Education
1005 East State Street, Suite G
Athens, OH 45701
Phone: 740-594-2526
Email:
Online parenting education to keep children out of the middle of divorce.
Christian Divorce Services
1217 Hilltop Ave
Fayetteville, NC 28305
Phone: 614-774-3766
Email:
We have locations in every state. When reconciliation has failed, we provide Christian legal alternatives consistent with 1Cor 6: 1-8. Please Contact Michael Wayland at our central office for a referral to a local office.
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
Economic Empowerment For Women - BreakFreee.org is a non-profit organization offering free, unbiased, access to financial information and education to low to middle income women. Key features of the website include: Financial issues for divorcees, financial calculators, and a database of Frequently Asked Questions where you can submit questions and receive unbiased answers from financial planners.
60 West Olsen Road #3500
Thousand Oaks, CA 91360
Phone: 888-372-4155
Email:
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesShelters and Hotlines
Coalition Against Domestic Violence
INDIANA DIVORCE LAW
Complete Divorce StatutesRESIDENCY 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. [Based on Indiana Code Title 31 - Article 15, Chapter 2-6]
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. [Based on Indiana Code Title 31 - Article 15, Chapter 2-3]
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] » Return to top
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. [Based on Indiana Code Title 31 - Article 15, Chapter 7-5 through 7-7]
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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;
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]
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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]
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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.) [Based on Indiana Code Title 31 - Article
16, Chapter 6-1 through 6-6 and Chapter 15-1]
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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. [Based on Indiana Code Title 31 Chapter 3, Sections 31-11-3-4 through 31-11-3-8] » Return to top