Child Custody: Indiana Code 31-17-1-1, et seq.
Modification of Child Custody: Indiana Code 31-17-2-1, et seq.
Child Support: Indiana Code 31-16-1-1, et seq.
Child Support Modification: Indiana Code 31-16-8-1, et seq.
Divorce: Indiana Code 31-15-1-1, et seq.
Grandparent Visitation: Indiana Code 31-17-5-1, et seq.
Paternity: Indiana Code 31-14-1-1, et seq.
Visitation: Indiana Code 31-17-4-1, et seq.
Pre- and Post- Nuptial Agreements
UCCJL - Uniform Child Custody Jurisdiction Law:
Indiana Code 31-17-3-1, et seq.
Indiana Code 31-18-1-1 et seq.
1. a written waiver of final hearing signed by each party, and
2. either a statement that there are no contested issues or a
written agreement entered into by the parties.
Even if you do not live in Lake or Porter counties, our office may still be
able to represent you. Go to our FEES IN UNCONTESTED DIVORCE CASES page.
Petitions for divorce, child custody, child support, and
visitation in Indiana are filed under Title 31 of the Indiana Code.
In order to file for divorce in Indiana, you must have been a
resident of the state for a period of 6 months prior to filing.
You must also have been a resident of the county that you are filing
in for at least 90 days.
Indiana Code 31-15-2-6.
After a divorce petition is filed, either party may ask for a hearing
on provisional orders,
Indiana Code 31-15-4-1. "Provisional" orders are temporary orders
that will remain in effect until the divorce is final. At the hearing,
a party can ask for:
While you may try to do this on your own, it is essential that you
understand ALL of the nuances in the law. You may need to obtain the
assistance of a lawyer to assist you in understanding the guidelines and
how they apply to your situation. It would not be wise to negotiate a
settlement on your own without full financial disclosure and a
full understanding of the guidelines.
Once you have a full understanding, and once you have full disclosure
of income, your lawyer will then plug income and certain limited expense
items into the
appropriate spaces on the Child Support Worksheet [again, thanks to Judge Christopher L. Burnham!].
As far as property settlement is concerned, in Indiana the Court "shall
presume that an equal division of the marital property between the
parties is just and reasonable," but there are many factors that the Court
can look at that would allow it to find that a 50-50 split would not be fair.
Those can be found in Indiana Code 31-15-7-5
After a divorce has been finalized, if a noncustodial parent is regularly
paying child support for a child and is barred by the custodial parent
from exercising court ordered visitation rights, the noncustodial parent
may file a request for a permanent injunction.
Indiana Code 31-17-1-4.
Also, it is important to note that under
Indiana Code 31-17-4-3:
In any action filed to enforce or modify an order granting or denying visitation rights, a court may award:
(1) reasonable attorney's fees;
(2) court costs; and
(3) other reasonable expenses of litigation.
In determining whether to award reasonable attorney's fees, court costs, and other reasonable expenses of litigation, the court may
consider among other factors:
(1) whether the petitioner substantially prevailed and whether the court found that the respondent knowingly or intentionally violated
an order granting or denying rights; and
(2) whether the respondent substantially prevailed and the court found that the action was frivolous or vexatious.
If you plan on talking with an attorney, I have prepared a
DIVORCE CHECKLIST that you can
complete which may help you at your initial consultation.