Indiana

Marriage & Family Law Home

How is Alimony Declared?

In the state of Indiana, during or after a dissolution of marriage, a court may find one spouse to be financially responsible for the other, and as such, may declare a maintenance order requiring the financially responsible spouse to make alimony payments. ....... Click here to get more info on Alimony

Which Factors are Considered in Determining Child Support?

In an action for dissolution of marriage under IC 31-15-2, legal separation under IC 31-15-3, child support under IC 31-16-2, or establishment of paternity under IC 31-14, the court may order either parent or both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors, including:

• the financial resources of the custodial parent

The standard of living the child would have enjoyed if:

• the marriage had not been dissolved



• the separation had not been ordered



• in the case of a paternity action, the parents had been married and remained married to each other



• the physical or mental condition of the child and the child's educational needs



• the financial resources and needs of the noncustodial parent.

The court shall order that child support payments ordered under this section be immediately withheld from the income of the parent obligated to pay child support as provided under IC 31-16-15-0.5.

The court shall order a custodial parent or third party under IC 31-16-10-1 who receives child support to obtain an account at a financial institution unless:

• the custodial parent or third party files a writ ....... Click here to get more info on Child Support

Which Factors are Considered in Granting Custody?

The court shall consider the following in granting joint custody of a child:

• the fitness and suitability of each of the persons awarded joint custody



• whether the persons awarded joint custody are willing to cooperate in caring for the child



• the wishes of the child (more consideration if the child is at least 14 years of age)



• whether the child has a close relationship with both persons granted joint custody



• whether the persons granted joint custody live close to each other and plan to continue to do so



• the nature of the physical and emotional environment in the home of each of the persons awarded joint custody.

In determining whether granting joint legal custody would be in the best interest of the child, the court considers prima ....... Click here to get more info on Custody

What are the Grounds for Divorce?

To get a divorce in Indiana, the spouse filing for divorce must have lived in the state for 60 days before filing a petition of dissolution. The state is not technically a fault or no fault state, but their laws allow amicable separation and fault divorces.

For fault divorces, Indiana recognizes: discovered to be second cousins, a spouse was already married, adultery, willful desertion, habitual drunkenness, massive drug addiction for a space of 2 years, extreme and repeated ph ....... Click here to get more info on Divorce

How Can Visitation Rights be Granted?

In Indiana, a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:

• The age and sex of the child.



• The wishes of the child's parents.



• 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.



• The interaction and ....... Click here to get more info on Visitation

How is Property Distributed in Separation?

Under Indiana law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division