Indiana Divorce Laws

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Indiana divorce laws provide a complete account on the divorce procedure and its legal requirements. It is important to understand the divorce laws in a detailed manner, as it will help the spouses to carry out their divorce procedure without any major mistake. It is to be noted that before applying for a divorce in county courts in Indiana, either of the partners should be a resident of this state for at least six months. The other requirement is of residency of at least three months in the county where a divorce has to be filed.

Indiana Divorce Laws regarding Child Support

The Court can order either one or both parents, without regard to marital misconduct, to contribute a reasonable child support amount. Whenever it is felt apt, the child support is inclusive of provisions for the education of the child as well as hospitalization and basic health insurance coverage. Some of the factors that are considered while deciding the amount are as follows -

  • The educational needs of the child
  • The mental or physical state of the child
  • If the marriage would have continued, what standard of living the child may have experienced
  • The economical sources of the custodial parent
  • The needs and financial resources of the non-custodial parent

The responsibility of supporting a child ends when the child attains the age of 21 years. However, if the following conditions occur, the support continues -

  • If the child is injured, then during the period of injury or till further order by the Court
  • If the child is set free before attaining 21 years of age as the child has joined the United States armed services or marriage or is not under the control or care of either parent or an agency or individual endorsed by the Court
  • If the child is minimum 18 years of age and is not admitted in a postsecondary or secondary school or for the past 4 months has not been present in a postsecondary or secondary school

Indiana Divorce Laws regarding Property Distribution

As per the laws in this state, an equitable division of marital property is reasonable. However, to prove that an equitable division is just, one of the partners has to furnish evidence regarding the following issues -

  • The demeanor of the partners in marital life regarding the dissipation or disposition of the property
  • The property that was attained by each partner prior to the marriage and as an inheritance or gift
  • The financial condition of the partners when the property distribution would take place and the wish of the partner to award the family house or the right to reside in such house for the duration the Court thinks apt for the partner having custody of a child or children
  • The input of each partner towards the acquirement of property, irrespective of the fact whether the input was producing income

When the Court concludes that there is nil or little marital property, then one of the partners may be awarded financial contribution for books, laboratory fees and tuition fees for higher education of the children. The Court takes into account the consequences of tax on the property distribution with respect to the future and present financial conditions of both partners. The marital property is distinguished from the personal property of spouses before taking a decision. If the agreement about property distribution has been submitted by the partners, the court ponders over every aspect of it and approves that agreement only if it is justifiable.

Change of name

Indiana Code Title 31 Article 15 Chapter 2-18 governs the issue of alteration of name. Women wish that their maiden name or previous married name may be restored after the current divorce proceedings. Such women must mention the desired name in the petition for dissolution. After entering the Decree for Dissolution, the Court shall grant the change of name.

Indiana divorce laws related to Alimony

Alimony can be described as the legally ordered amount to help any of the spouses to come out of the adverse economical conditions after a divorce. This provision benefits the partner who has sacrificed his or her career in order to maintain a marriage. The Indiana divorce laws about alimony are discretionary and the decision differs from the case to case. Generally, the financial conditions, aspirations and capacities of both partners are taken under the consideration while finalizing the amount. Also, the property division is a matter of concern during the issue of alimony. The court takes a decision on the disclosure of the financial documents made by both parties.

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