Seeking Sole Possession of the Family Home Since both spouses have a legitimate interest in the home, a spouse can not simply call police and ask to have the other spouse removed. However, Indiana divorce law does provide a mechanism for seeking possession of the home while the case is pending.
What is a wife entitled to in a divorce in Indiana?
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other.
Who has to leave the house in a divorce in Indiana?
The short answer is that no one is required to move out. However, in some cases, it may be in one or both parties’ best interests—or the best interests of their children—to put some distance between them.
Is Indiana a 50 50 state when it comes to divorce?
Equitable Distribution in Indiana Regarding the original question, “Is Indiana a 50/50 divorce state?” The answer is no, Indiana is not a 50/50 divorce state. Divorce laws in Indiana, like most other states, require an equal distribution in a divorce or separation.
How long do you have to wait for a divorce in Indiana?
Waiting Period for Indiana Divorces In Indiana, the court cannot sign off on your divorce for at least 60 days after you file. So regardless of other circumstances, your divorce will take at least 60 days to complete.
How long do you have to be married to get half of everything in Indiana?
There is no statutory definition for a “long” marriage in Indiana that would entitle a person to a “full” share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.
What qualifies for spousal maintenance in Indiana?
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, subject to further order of the court.
How much is a wife entitled to in a divorce in Indiana?
Generally, the Court will divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse if the Court has good reason to do this.
Can you date while going through a divorce in Indiana?
Divorce Law Does Not Prohibit Anyone From Dating You should know first that, legally speaking, you are permitted to date during a divorce. To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.
What happens to 401k in divorce Indiana?
If the spouses agree or the judge orders that part of a 401(k) or other workplace retirement plan be split up, a qualified domestic relations order (QDRO) will be issued by the court for the plan administrators.
Is Indiana a alimony state?
Is There Alimony In Indiana? Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.
Who pays attorney fees in divorce in Indiana?
Indiana follows the American rule in civil litigation, including an Indiana divorce. Under this rule, each party pays his or her own attorney’s fees in the case. However, there are some instances in which a divorce court may order one party to pay part or all of the attorney’s fees of the other party.
What is the fastest way to get a divorce in Indiana?
An uncontested divorce can be pretty quick if you meet Indiana’s residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.
Can I get divorced without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
What is considered legally separated in Indiana?
According to the Indiana Code 31-15-3-3, the grounds required for a legal separation are (1) that conditions in or circumstances of the marriage make it currently intolerable for both parties to live together; and (2) that the marriage should be maintained. Either spouse may file for legal separation in Indiana.
How is debt divided in divorce in Indiana?
Typically, debts should be divided as equally as possible. Bringing forth evidence that splitting debts evenly wouldn’t be “just and reasonable,” however, will change things. Debts gained before the marriage or put only in one person’s name may be left to only one or the other spouse.
Is my wife entitled to half my house if it’s in my name?
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage.
Does adultery affect divorce in Indiana?
§ 31-15-2-3 (2021).) Even though adultery is traditionally considered a form of marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, judges in Indiana will not consider evidence or testimony about adultery when they are deciding whether to grant a divorce.
How many years do you have to be married to get alimony in Indiana?
Generally, alimony in Indiana is paid for 1 year for every 3 years of marriage.
How much is child support in Indiana?
The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.
How long is spousal maintenance?
When is spousal maintenance paid? If the marriage or civil partnership is short – less than five years – it might not be paid at all, or only for a short period. This is called a ‘term order’. But where a couple has been together for a long time, or where an ex-partner is unable to work, it can be paid for life.
Can wife stay in house during divorce?
Legally a wife can stay with her husband or at his place of residence even if a petition for divorce has been filed by her against him or by him against her. However both the parties should not cohabit with each other and stay in different room.
Can a judge deny a divorce in Indiana?
Although you likely needed to provide grounds for seeking a marriage dissolution when you filed your divorce petition in family court, a request will never be denied solely on the grounds that one spouse doesn’t want to get a divorce.
Do I qualify for spousal maintenance?
Spousal maintenance arises where one party’s income or assets are insufficient to meet their day to day need, for example if they have a much lower income than the other or have not worked through some or all of the marriage and are unable immediately to become self-sufficient.
What can you not do during a divorce?
- Don’t Get Pregnant.
- Don’t Forget to Change Your Will.
- Don’t Dismiss the Possibility of Collaborative Divorce or Mediation.
- Don’t Sleep With Your Lawyer.
- Don’t Take It out on the Kids.
- Don’t Refuse to See a Therapist.
- Don’t Wait Until After the Holidays.
- Don’t Forget About Taxes.