Fort Wayne, Indiana Divorce Lawyers & Attorneys in Allen County

COMMON DIVORCE QUESTIONS IN INDIANA

What Are the Grounds for Divorce in Indiana?

If you are having issues with your marriage in the state of Indiana then a divorce can be sought for any of the following reasons:

• Having irreconcilable differences that have caused the irretrievable breakdown of your marriage
• A felony conviction
• Impotency at the time of marriage
• Incurable insanity lasting two years or longer

It is important to note that in Indiana, a divorce based on an irretrievable breakdown of the marriage is known as a “no-fault” divorce, and it is not grounded upon wrong-doing or marital misconduct of the husband or wife. In Indiana, the main issues addressed in the divorce decree are:

• Child custody & visitation
• Child support
• Spousal maintenance
• Property division

Residency Requirements for Divorce in Fort Wayne, Indiana

One of the parties who is seeking a dissolution of the marriage must have been a resident of the state of Indiana for a minimum of six months, and a resident of the county for at least three months immediately before the filing of the action. The action for dissolution may be filed in the county where either party resides and meets the residency requirements.

Name of Court and Title of Action/Parties in Fort Wayne, Indiana

The action for dissolution of marriage is filed in the Circuit Court. The action that begins the process of the divorce proceedings is called the Petition for Dissolution. The action that removes your marriage is known as Judgment for Dissolution of Marriage. The person who files for divorce is the Petitioner and the other spouse is the Respondent.

Legal Separation in Fort Wayne, Indiana

If you and your spouse have been living away from each other but aren’t seeking a divorce then you can look toward a judgment of legal separation. In Indiana, legal separation allows the parties to request court orders on various divorce-related issues such as spousal support or child custody, while remaining legally married.

Spousal Maintenance in Fort Wayne, IN

The state of Indiana refers to “alimony” as “spousal maintenance.” This is intended to provide financial help for a spouse in need both during and potentially for some time once the divorce is finalized. Most states, including Indiana, have taken great strides toward revamping their alimony laws. Indiana works to restrict the duration of the payments as well as the circumstances in which judges may award maintenance. To receive spousal maintenance in Indiana, parties must meet one set of the following conditions:

• Temporary Maintenance – A judge may choose to award a spouse temporary spousal maintenance while the divorce proceedings are in progress to try and maintain the status quo. The award must be “just and proper” according to Indiana law.
• Rehabilitative Alimony – This is the most common type of spousal maintenance awarded in the state of Indiana. It is designed to provide some assistance for a short period (but a maximum of three years) to a spouse while they work to become self-supporting. To award rehabilitative alimony, a judge must first consider:
  • each spouse’s educational level when the couple first married and when they’re getting divorced
  • each spouse’s earning capacity, including educational background, training, employment skills, work experience, and the length of employment or absence from the job market
  • whether the requesting spouse interrupted education, training, or employment opportunities during the marriage to care for the children or home (or both), and
  • the time and expense necessary for that spouse to get enough education or training to enter the workforce and find appropriate employment.
• Maintenance for Incapacitated Spouse – If a spouse is so physically or mentally incapacitated that they can’t support themselves, Indiana law allows judges to award maintenance for as long as the incapacity lasts. In this scenario, the judge will reserve the right to review and change this order at a later date, if necessary.
• Alimony for Custodial Parent of Incapacitated Child – A judge in Indiana may award maintenance if you meet both of these requirements:
  • you’re the custodial parent of a child whose physical or mental incapacity makes it impossible for you to work outside the home, and
  • you don’t have enough property (including assets awarded to you as part of the property division in divorce) to meet your financial needs.
    • Indiana law does not specify how much the payments should be and for how long the payments should last. The judge will be able to decide what is appropriate under the individual circumstances.

Distribution of Property in Fort Wayne, Indiana

Indiana is generally considered to be an “equitable distribution” state, with just a slight difference. Most equitable division states allow the judge to divide a couple’s property and allocate their debts based on what is considered fair under the given circumstances. It is important to note that this does not necessarily mean a 50-50 split. In Indiana, the law requires that a judge start with a presumption that an equal division of a couple’s property is “just and reasonable.” It is then up to either party to object and present evidence as to why an equal division would not be fair.

Under Indiana law, a judge will divide all of the following property that the spouses own:

• property each spouse owned before the marriage
• property acquired through the couple’s joint efforts, and
• property that either spouse obtained during the marriage up until the couple’s final separation date (defined as the date they filed for divorce or filed for legal separation).

The only property in Indiana that is not subject to distribution in a divorce is the property that was acquired individually and after the date of filing for divorce or legal separation.

Child Custody (Parenting Responsibilities) in Fort Wayne, Indiana

In the state of Indiana, parenting time guidelines are based on the premise that it is usually in a child’s best interest to have frequent, meaningful, and continuing contact with each parent. It is assumed that both parents nurture their children in important ways, significant to the development and well-being of the child. The guidelines also acknowledge that scheduling parenting time is more difficult when separate households are involved and require persistent effort and communication between parents to promote the best interest of the children involved. Contact an Indiana child custody lawyer at Stange Law Firm to learn more.

Child Support in Fort Wayne, Indiana

After a divorce or legal separation in Indiana, both parents are required to provide ongoing financial support to their children. The noncustodial parent is typically responsible for a larger financial contribution and is typically the one who makes the child support payments. 

In Indiana, child support is calculated based on guidelines that utilize weekly gross income as its basis. Gross weekly income includes:

• wages, self-employment, rent, and royalty income
• overtime
• commissions and bonuses, and
  other forms of irregular income

Name Change in Fort Wayne, IN

A spouse may request a name change back to their former or maiden name. This request may be granted by the court upon the divorce.