Indiana Divorce Legal Questions

In Wisconsin, at least, your entitlement to alimony (now usually called 'maintenance' or 'spousal support') has nothing to do with love or the end of love. It has to do with ten or eleven statutory considerations, including the length of the marriage, your need for training to return to the job market, the relative earning capacity of each spouse, any written agreements, and several more. Don't give up your right to support without a very strong reason. Do consult an experienced family lawyer.... Read Answer

It is possible that your dissolution was finalized. You would need to check with your local court to see if it was filed and finalized. If you do not respond to the petition then a default can be entered along with a judgment. However, that is only if the party that filed followed through with the dissolution and the default paperwork that is required.... Read Answer

You are going to need to call around to local attorneys and see if you can get help through a Pro Bono Commission or legal aide. You may be able to credit your SSDI payments made to her towards the arrearage, but you're going to need an attorney to navigate through this. You also need to file a motion to modify support as soon as possible.... Read Answer

Your question was asked some time ago, so I hope by now you have talked to a lawyer and perhaps hired one to help represent you in this matter, given that you are dealing with thousands of dollars of assets and obligations.  As for receiving provisional money, an argument can be raised that you should receive less due to provisional payments that were made.  But, a counter argument can be made that those payments were spousal support and should not be included in any property settlement. The date for the 401K will usually be an agreed upon date.  If you cannot agree, then again an argument can be made for using the higher value, or the current value.  Because of this uncertainty you should consult with an attorney regarding the specific facts of your case. ... Read Answer

If they bought the house together and she is listed on the title and the mortgage, then he will need to come up with some type of agreement with her to have her sign a Quit-claim deed so that he can remove her name from the title.  This may involve him paying her (or giving her something of value) in order to compensate her for her interest in the property. ... Read Answer

Whether she had an abortion or a miscarriage will not effect anything in your divorce. Indiana is a no fault state. You have no right to subpoena her medical records in a divorce unless she puts the issue of her health before the Court (i.e. says she is disabled). If her health is a concern as to the welfare of your children, you may be able to have her examined by an independent doctor and/or get medical records, but medical records that pertain to an abortion or miscarriage would not be included in those at it has no bearing on whether or not the children are safe with her. If she had an abortion and lied to you, she shouldn't have lied to you, but it is not illegal and has no bearing on your divorce. Most judges would be more upset with you for asking for the records for this purpose than they would be at her even if the allegation is true.... Read Answer

If the car is part of the marital estate, then you have a right to at least some ownership in the car.  You should seek the right to use the car by filing for provisional relief.  As for the house, if it was purchased during the marriage (or at least was paid for during the marriage) then it would be easy to say that the house is part of the marital estate.  There isn't enough information in the question to be able to give you something a bit more specific.  Just remember that generally courts will split items between the husband and wife 50/50 (this includes debts as well).  However, there are exceptions to the 50/50 split.  You should consult an attorney and if you cannot afford an attorney you should seek the help of Indiana Legal Aid Services. ... Read Answer

It is likely that you could receive a portion of the retirement account.  Indiana generally provides for an equitable division of martial property (typically 50/50).  However, most attorneys will argue that you are only entitled to the portion that he invested during the nine (9) years of marriage.  You have some arguments that you can make yourself, but it can get kind of complicated to present in a question forum.  You best bet is to schedule a consultation with an attorney to see if this is something that they can help you with. ... Read Answer

There are a couple of different options.  You can try to talk with someone at Indiana Legal Aid.  There have a pretty rigorous qualification requirement, but they can explain that better to you than I can.  If they are not able to help you, then you may want to try to talk to the Indiana Volunteer Lawyers Network.  If neither of these options work, then contact a private attorney.  You may have a situation where your spouse will be responsible for a good portion of the legal bills.  If that is the case, some attorneys will take a lower retainer and then get the fees from the other spouse. ... Read Answer

Typically under Indiana law, items in a divorce are divided equally and equitably.  However, there are exceptions to this rule that could exclude items from being considered part of the marital estate.  One such exception is receipt of property due to an inheritance.  It is not as simple as that, but it gives you the idea that you can challenge the basic fact that the property should be included as part of the marital estate.  Another thing to consider is that your daughter could ask to keep the furniture items, and in exchange she will either give up other property or perhaps take a bit more on in marital debt. ... Read Answer

It would probably be best if you consult an attorney to see what specifically was suppose to be done and when.  If you husband has violated the Decree, the attorney can then file a Rule to Show Cause and ask for attorney fees (if your husband has not corrected his action - meaning giving you a quit claim deed). ... Read Answer

She can seek relief from the trial Court.  This would either be in the form of a request to have the arbitrator's results submitted to the Court and for the Court to adopt the arbitrator's findings; or she could just set the matter for a trial and state to the Court that arbitration was attempted, however, it has not been finalized. ... Read Answer

You need to file as soon as possible. The 3 month will play in your favor. Unfortunetly, when you get divorced in Indiana all property goes into the marital pot. If she will sign off of the things you owned before marriage you can do it that way, but it sounds like she is not going to do that. By moving her into the house you comingled it and made it marital property. However, it can be argued that she should not gain from a 3 month marriage. The best thing you have on your side for this argument is time, so act fast. I suggest you call a local attorney today.... Read Answer

You need to request the documents through a device called a subpoena duces tecum or you can also use what is called a Request for Production of Documents.  If your county has a law library, then you can usually find these documents in the Indiana Practice Series books or the law librarian can help you find it. ... Read Answer