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.
Table of Contents
Does it matter who files for divorce in Indiana?
Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.
Does the wife get half in a divorce in Indiana?
Indiana is an equitable division state. This means the court does not have to divide property equally between the spouses.
How are assets split in a divorce in Indiana?
Indiana law requires an equitable division of property in divorce, meaning that the division must be fair but not necessarily equal. Some couples are able to agree on their own about how to divide property, while others use the help of attorneys or a mediator to negotiate a settlement.
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 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.
Who gets the house in a divorce in Indiana?
If one spouse has primary physical custody and if it will benefit the child to remain in the family home, then the court will likely grant the house to that spouse.
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.
Is Indiana a alimony state?
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.
Can a spouse kick you out of the house in Indiana?
When spouses are living together at the time one files a petition for dissolution, both initially have the right to continue to live in the residence. One can move out while the divorce underway, with or without the permission of the other spouse or by agreement formalized through the court.
Does infidelity affect divorce in Indiana?
Adultery Laws in Indiana Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
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.
What can wife claim in divorce?
After they are divorced, the wife has the right to ask for maintenance and livelihood costs for her and her children, however, she cannot ask for the property in a divorce settlement. For example: The husband buys an apartment for his wife and himself after they get married, and it is registered in his name.
How long does divorce take in Indiana?
Once your paperwork is filed, you’ll need to wait 60 days for your divorce to be finalized (Ind. Code §31-15-2-10 (2021)). Some couples are able to resolve some issues in their divorce, but not all of them.
Who has to pay court fees in a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
Why do lawyers drag out cases?
Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
How can I win divorce case against my wife?
- Don’t leave your house.
- Trial is not often the endgame.
- Don’t seek out an aggressive lawyer.
- Don’t let your emotions get the better of you and your pocket.
- Settlement agreement is an intelligent choice.
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.
Does Indiana require separation before divorce?
After a spouse files for divorce in Indiana, the parties must live apart for at least 60 days before the divorce can be finalized.
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.
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.
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.
Who gets custody of child in divorce in Indiana?
Parents can share legal custody or one parent may have sole legal custody. A child’s best interests are at the heart of any custody decision in Indiana.
Is spouse entitled to 401K in divorce?
California is a Community Property State This means that assets obtained during the marriage are divided in half upon divorce, including retirement savings and pension plans. In the case of a 401K or another type of plan, a spouse is entitled to 50% of the plan’s acquired value during the course of the marriage.