1. There are basically 4 main issues to address in a divorce: Child Custody, Child Visitation, Child Support, and Property Division.
2. In Indiana, a Judge cannot sign a final decree of Dissolution of Marriage until at least 60 days have passed from the date of filing.
3. During that period of time, either party may request a hearing and request a temporary order setting forth how the parties are to conduct themselves between the date of the temporary order and the date the final decree is signed by the Judge. The issues typically addressed in a preliminary order include, child custody, child visitation, child support, possession of the marital residence, and certain marital property, and obligation of each party to pay ongoing marital debt.
4. Marital property includes all property brought into the marriage up to the date the petition for dissolution is filed, and all property acquired during the course of the marriage up to the date the petition for dissolution of marriage is filed. Generally, it does not matter what name is on a deed or title, if it was brought into the marriage or acquired during the course of the marriage, it is typically considered marital property.
5. An obligation to pay child support continues until the child is either emancipated or reaches the age of 21, unless the child is incapacitated, in which case the obligation may continue indefinitely.
6. A spouse who gave up their chance to pursue an education to be a homemaker or to care for the parties’ children, may seek rehabilitative maintenance in an amount reasonably necessary to pay tuition and other school related expenses. This amount can even be reduced to a judgment.
7. Maintenance for a disability may also be awarded and such an award may continue in the form of a court order indefinitely.
8. Under Indiana law, there is a rebuttable presumption that a fair and equitable division of property is an equal division of such property. The presumption may be rebutted by the admission of evidence showing that one of the parties has less earning capacity, due to age, education or physical impairment. There may be other means of rebutting the even distribution presumption as well. Speaking with an Indianapolis family law attorney may help shed some more information on your unique situation.
9. If one spouse physically abuses the other spouse in the presence of the parties’ child, the Court is required to require all visitation to be supervised for up to 2 years.
10. All child support orders issued in Indiana require income withholding from the non-custodial parent, unless certain strict requirements are met. All parties impacted by a child support order, must report any change in address to the Circuit Court Clerk and the Indiana Child Support Central Collection Unit.
For more information on the laws pertaining to Indiana divorce, please see this law site for more information.
