Indiana Family Law Resources

Read through our Indiana divorce and child custody articles to better understand the road ahead. Educating yourself about the divorce process in Indiana will improve your ability to communicate with your divorce lawyer, which will go a long way toward helping you reach your goals in an Indiana family court.

• Indiana Divorce Laws – Divorce in Indiana FAQ
• Indiana Parenting Time Guidelines and Holiday Schedules
• Indiana Child Support: The Effect of Childcare Costs and Health Insurance
• Indiana Child Support Calculator
• Disproving Paternity in Indiana
• Indiana Affirms Parenting Time As Important As Child Support
• Indiana Parenting Time: Recourse If Denied Communication With Children
• Non-Custodial Parent Relocation in Indiana
• Relocation of Custodial Parent in Indiana
• Parallel Parenting Plans in Indiana
• Indiana’s New Child Support Law

Indiana Divorce Process

Filing for divorce in Indiana is a legal process that goes through court. One party must file a Petition for Dissolution of Marriage with the court in the correct jurisdiction (and meet residency requirements). You must also state the grounds for divorce (if applicable — Indiana does allow for both no-fault and grounds-based divorces) and complete a waiting period before the court will terminate a marriage.

However, many factors will affect how the process will unfold because important decisions must be made regarding child custody, property division, debts, and support.

Related Podcast: Tips for Men Thinking About Divorce

Indiana Residency Requirements

For an Indiana court to have jurisdiction over a legal separation or divorce matter, at least one party must have been an Indiana resident or stationed at a U.S. military installation within Indiana for at least six months before filing for divorce.

To have a “preferred” Superior or Circuit Court to preside over the divorce, one party must live within that county for at least three months prior to filing.

If a husband and wife live in different counties for more than three months before filing, each spouse’s county of residence would have concurrent jurisdiction — the first party to file for divorce would get the preferred venue.

Grounds for Divorce in Indiana

Indiana is a no-fault state. This means that it is not necessary to show that either of the parties was at fault to get a divorce. In short, if one party wishes to file for divorce, the court will grant the divorce.

Indiana Property Division Process

Indiana isn’t like other states regarding equitable division. When dissolving a marriage, the court will consider all assets and debts as marital property as part of the property division process.

• Property owned by either spouse before the marriage
• Property acquired during the marriage but prior to separation
• Property acquired jointly
• Any debts

This means there is a presumption that all assets and liabilities owned by either party are allocated as marital assets or liabilities. How certain assets or liabilities were obtained is a deviation from the presumptive equal division.

For instance, the court might:

• Divide marital assets and liabilities by dividing “in kind”
• Award property to one spouse and require the other spouse to pay an amount in gross or in installments that is just and proper
• Order property to be sold and the proceeds divided
• Order a distribution of benefits payable after the divorce by setting aside a percentage of those payments by assignment or in kind at the time of receipt

The net marital estate will be divided equally after marital debts are subtracted from assets.

Related Article: Divorce Tips For Men: What To Do With The House?

Indiana Child Custody Laws

Divorcing parents have two separate determinations on their respective rights to their children: legal custody and physical custody.

Legal Custody

Legal custody retains the decision-making power a parent has over the child regarding their education, religious upbringing, healthcare decisions, and discipline. Legal custody may be granted to one or both parents jointly, regardless of who has primary physical custody of the child.

Physical Custody

Physical custody is the parent with whom the child primarily lives on a day-to-day basis. Indiana has no statutory definition for parents to be joint physical custodians. However, it is common for parents who do not seek for the other spouse to be a “part-time parent” to stipulate to shared parenting time plans and to hold “physical” and “non-physical” custodian labels simply for identification purposes only.

Parenting time

In Indiana, the time a non-custodial parent spends with their children is called “parenting time” (formerly labeled “visitation”). Parents are permitted to:

• Establish a shared parenting time plan for each parent to spend equal time with the children
• Create a plan that works best for each parent and the children, allowing for flexibility and shared parenting
• In situations where each parent wants primary custody or one primary household, the Indiana Parenting Time Guidelines will determine a parenting time schedule

Decisions Are Made in the ‘Best Interest of the Child’

Indiana courts use certain statutory “best interest” factors found under Indiana Code 31-17-2-8 when deciding contested child custody matters.

• Age and sex of the child
• Wishes of the parents
• Wishes of the child, with more consideration for children 14 and older
• Relationship of the child with the child’s parents, siblings, and any other person significantly affecting the child’s best interests
• Child’s adjustment to their home, school, and community
• Mental and physical health of all individuals involved
• Presence or history of any domestic or family violence
• Evidence that the child has been cared for by a de facto custodian

Related Article: Indiana Child Custody Questions

Indiana Child Support

A child support obligation is typically paid by the non-custodial parent to the custodial parent. Child support is determined by:

• Each parent’s gross weekly income
• Amount of overnights the child spends with the non-custodial parent (or the parent who does not pay controlled expenses in shared parenting time schedules)
• Other children or separate child support or maintenance payments
• Work-related childcare expenses
• Amounts a party pays in health insurance premiums for the children

In situations where the custodial parent’s income far exceeds that of the non-custodial parent, the custodial parent can have a support obligation to the non-custodial parent.

Related Article: 5 Tips For Modifying Child Support

Indiana Spousal Support

Indiana Courts may award permanent spousal support in one of two scenarios:

1. Court finds a spouse is physically or mentally incapacitated and cannot support themselves
2. Court finds a spouse lacks enough financial resources to provide for their own needs and the spouse cannot work because they have primary custody of a child with physical or mental incapacity

Indiana courts may award rehabilitative maintenance for up to three years if the court finds that one spouse experienced an interruption in education, training, or employment as a result of homemaker or child care responsibilities. This support is given to allow the spouse time to “get back on their feet” or further their education so they can become employed.

Related Article: Indiana Spousal Maintenance

Why Work With Cordell & Cordell

Many men choose to work with Cordell & Cordell because of our reputation for championing men’s rights. Founded in 1990, our family law attorneys have observed how men may face biases in family court.

Cordell & Cordell will work closely with you, listen to you, and advocate to protect your financial and family interests. We’ll take your case to court and aggressively fight for your rights if necessary.

Client Experience

“[My attorney] was very attentive, and I feel he really cared about the case and not just about the money.” — Isaac H.

“[My attorney] did everything exceptionally well. She was quick to respond, always available, and always there to answer any questions that I had. She always made herself available to me. She was absolutely great. She was always friendly, professional, and I could not have asked for a better experience overall.” — Daniel H.

Proud Advocates for Indiana Fathers and Husbands

Cordell & Cordell is a family law firm that focuses on helping men and fathers with divorce, child custody, child support, spousal support, and other domestic matters.

To schedule an initial consultation with our law firm, call us at 866-DADS-LAW (323-7529) or fill out an online contact form. For your convenience, we also offer informative podcasts, townhalls, and eBooks.

*This page serves as a resource and is not to be taken as legal advice.