Real Estate
Family Law
Divorce
In dissolution actions, you need to consider several issues that can affect you financially and emotionally. Indiana is a No Fault divorce state. The outcome of your divorce is a very important cornerstone in your life. There are certain documents that need to be submitted and classes that need to be completed prior to the dissolution being granted. Once the final decision is made by the court, changes to the final order may be difficult to obtain. So, having solid legal representation from the beginning is key.
31-15-2-3. Grounds for Divorce
Dissolution of marriage shall be decreed upon a finding by a court of one (1) of the following grounds and no other ground:
(1) Irretrievable breakdown of the marriage.
(2) The conviction of either of the parties, subsequent to the marriage, of a felony.
(3) Impotence, existing at the time of the marriage.
(4) Incurable insanity of either party for a period of at least two (2) years.
31-15-2-5. Requirements for Divorce petition
(a) A petition for dissolution of marriage must:
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residence in the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The name, age, and address of:
(i) any living child less than twenty-one (21) years of age; and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for dissolution of the marriage.
(F) The relief sought.
(G) If a guardian of an incapacitated person is filing the petition for dissolution of marriage on behalf of the incapacitated person, the name and address of the guardian.
(b) If a guardian of an incapacitated person files a petition for dissolution of a marriage on behalf of the incapacitated person, the guardian shall file with the petition a copy of the court order granting authority to petition for dissolution of marriage described in IC 29-3-9-12.2.
Separation
Sometimes you just need a legal separation from your spouse to retain your legal rights while not together. Even if you do not live with your spouse, your legal obligations and responsibilities may still be enforced. With a legal separation, the court can order support and visitation rights. This usually helps to minimize the discourse between the parties.
31-15-2-7. Legal separations — Provisional orders and decrees
(a) A petition or counter petition for dissolution of marriage must be filed in the court in which:
(1) a legal separation proceeding is pending; or
(2) a provisional order or decree for legal separation is in effect;
if the petition for legal separation was filed before the petition or counter petition for dissolution of marriage.
(b) If a petition or counter petition for dissolution of marriage under section 4 [IC 31-15-2-4] of this chapter is filed while a provisional order or decree for legal separation is in effect, the procedure for dissolution of marriage continues. The provisional order or decree for legal separation remains in effect only:
(1) until the effective date of the provisional order on the petition or counter petition for dissolution; or
(2) until the provisional order or decree for legal separation expires;
whichever occurs first.
(c) The court shall dismiss a petition for legal separation if, at the time the petition for dissolution is filed, neither:
(1) a provisional order; nor
(2) a decree for legal separation;
has been granted.
31-15-3-3. Findings — Legal Separation Decree
Legal separation shall be decreed upon a finding by a court:
(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.
Paternity
If you are not married to your child's mother/father, a paternity action may be needed to enforce legal rights and obligations with regards to custody and support. A court order is a helpful tool for both parties to start understanding their legal obligations and responsibilities. Most people get their “legal” information from TV and non-lawyer friends, which is not an adequate substitute for actual legal representation.
31-14-2-1. Establishment of paternity
A man’s paternity may only be established:
(1) in an action under this article; or
(2) by executing a paternity affidavit in accordance with IC 16-37-2-2.1.
Custody/Visitation
If you are not receiving your child(ren) for your visitations or if the other parent is not being consistent with dates and times, a modification may be warranted. There are two types of custody. Physical custody, which is the custody we all recognize, which is where the child lives the majority of the time. And there is also legal custody, which pertains to educational, religious, and medical issues.
31-14-13-2. Custody determination — Best interests of child
The court shall determine custody in accordance with the best interests of the child. In determining the child’s best interests, there is not a presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child’s parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parents;
(B) the child’s siblings; and
(C) any other person who may significantly affect the child’s best interest.
(5) The child’s adjustment to home, school, and community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 2.5(b) [IC 31-14-13-2.5(b)] of this chapter.
31-17-2-8. Factors considered in awarding custody — Standard
The court shall determine custody and enter a custody order in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court shall consider all relevant factors, including the following:
(1) The age and sex of the child.
(2) The wishes of the child’s parent or parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parent or parents;
(B) the child’s sibling; and
(C) any other person who may significantly affect the child’s best interests.
(5) The child’s adjustment to the child’s:
(A) home;
(B) school; and
(C) community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 8.5(b) [IC 31-17-2-8.5(b)] of this chapter.
(9) A designation in a power of attorney of:
(A) the child’s parent; or
(B) a person found to be a de facto custodian of the child.
31-14-13-2.3. Award of joint legal custody — Considerations
(a) In a proceeding to which this chapter applies, the court may award legal custody of a child jointly if the court finds that an award of joint legal custody would be in the best interest of the child.
(b) An award of joint legal custody under this section does not require an equal division of physical custody of the child.
(c) In determining whether an award of joint legal custody under this section would be in the best interest of the child, the court shall consider it a matter of primary, but not determinative, importance that the persons awarded joint legal custody have agreed to an award of joint legal custody. The court shall also consider:
(1) the fitness and suitability of each of the persons awarded joint legal custody;
(2) whether the persons awarded joint legal custody are willing and able to communicate and cooperate in advancing the child’s welfare;
(3) the wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age;
(4) whether the child has established a close and beneficial relationship with both of the persons awarded joint legal custody;
(5) whether the persons awarded joint legal custody:
(A) live in close proximity to each other; and
(B) plan to continue to do so;
(6) the nature of the physical and emotional environment in the home of each of the persons awarded joint legal custody; and
(7) whether there is a pattern of domestic or family violence.
31-14-13-6. Modification of custody orders
The court may not modify a child custody order unless:
(1) modification is in the best interests of the child; and
(2) there is a substantial change in one (1) or more of the factors that the court may consider under section 2 [IC 31-14-13-2] and, if applicable, section 2.5 [IC 31-14-13-2.5] of this chapter.
Support
If you are having difficulty paying your child support obligation or you feel the child support amount should be higher, you need to file a modification. There are several factors to consider when creating a child support worksheet. I can help you analyze the support calculations prior to making your final decision to file.
Grandparent Visitation
A child's grandparent may seek visitation rights if the child's parent is deceased, the marriage of the child's parents has been dissolved in Indiana, the child was born out of wedlock and the father established paternity. Of course there are other factors to consider but at least the law recognizes grandparent’s rights to visitations.
31-17-5-1. When grandparent may seek parenting time rights — Establishment of paternity required
(a) A child’s grandparent may seek visitation rights if:
(1) the child’s parent is deceased;
(2) the marriage of the child’s parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child’s father has not established paternity in relation to the child.
31-17-5-2. Determination — Standard — Factors considered
(a) The court may grant visitation rights if the court determines that visitation rights are in the best interests of the child.
(b) In determining the best interests of the child under this section, the court may consider whether a grandparent has had or has attempted to have meaningful contact with the child.
(c) The court may interview the child in chambers to assist the court in determining the child’s perception of whether visitation by a grandparent is in the best interests of the child.
(d) The court may permit counsel to be present at the interview. If counsel is present:
(1) a record may be made of the interview; and
(2) the interview may be made part of the record for purposes of appeal.