Indiana is an equitable distribution state, and assets acquired both during and prior to the marriage can be subject to division following divorce. Some factors considered by Indiana courts in a property division case include non-monetary contributions, economic misconduct and a list of other factors defined in Indiana law.
How is property divided in a divorce in Indiana?
The process of property division is affected by state laws such as community property laws, definitions of marital contributions, etc. Indiana is an equitable distribution state, and assets acquired both during and prior to the marriage can be subject to division following divorce.
Do not sell my personal information in a Indiana divorce?
Do Not Sell My Personal Information All divorcing couples must figure out how to divide their marital property and assign any marital debts. Indiana law requires an equitable division of property in divorce, meaning that the division must be fair but not necessarily equal.
How does a stay-at-home spouse affect property division in Indiana?
In Indiana, statutory law requires judges deciding a property division case to account for the nonmonetary contributions of both spouses to a marriage when determining how to divide property between them. In practice, this generally means that the judge will consider the value of the labor a stay-at-home spouse contributed to the marriage.
Is Indiana a 50/50 state for divorce?
Is Indiana a community property state? Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
How long does spousal maintenance last in Indiana?
Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years from the date of the final decree.
What is the parenting time law in Indiana?
Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating circumstances that could endanger the child, such as domestic violence or drug abuse.
What is the economic circumstance of each spouse at the time of the disposition of the property?
the economic circumstances of each spouse at the time of the disposition of the property, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the Court considers just to a spouse having custody of any children.
What is the definition of a spouse's contribution to the acquisition of property?
the contribution of each spouse to the acquisition of property, regardless of whether the contribution was income producing. the extent to which the property was acquired by each spouse before marriage or through inheritance or gift.
What is the conduct of the parties during the marriage as related to disposition or dissipation of their property?
the conduct of the parties during the marriage as related to disposition or dissipation of their property. the earnings or earning ability of the parties related to a final division of property and final determination of property rights of the parties.
Do you have to have health insurance for your children after divorce?
In fact, if it is reasonable, a parent will be required to carry health insurance for their children following a divorce as part of the settlement. A spouse can also apply for COBRA benefits which is a law that protects people from losing health coverage during major life transitions.
Can you split your marriage in Indiana?
Bifurcation of marital status is allowed in Indiana, but state law requires that both parties file a joint motion to bifurcate a marriage.
How can I enforce a property division order in Indiana?
A Indiana property division order is a court order issued by a court order issued by a judge, describing how property is to be divided between spouses following a divorce. A property division order is a binding legal obligation, and failure to comply with the terms in full by either spouse can result in being charged with contempt of court. If your spouse is not complying with a property division order, you can consult a family lawyer to discuss potential legal avenues.
What is marital property in Indiana?
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. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.
Do courts in the state of Indiana consider nonmonetary contributions?
In Indiana, statutory law requires judges deciding a property division case to account for the nonmonetary contributions of both spouses to a marriage when determining how to divide property between them. In practice, this generally means that the judge will consider the value of the labor a stay-at-home spouse contributed to the marriage. Nonmonetary contributions may include activities like the following:
Are a spouse's contributions to their partner's education considered in the state of Indiana?
Indiana has no statute requiring courts to consider a spouse's contributions to their partner's education or earning capacity when determining how to divide marital property.
Can a pre-nuptual agreement affect property division in Indiana?
A prenuptual agreement, or pre-nup, is a binding legal contract signed by both spouses prior to getting married in Indiana. A prenup containing a property division agreement can take precedence over Indiana's property division laws by establishing what is considered as separate vs marital property , as well as agreeing on how finances will be structured during the marriage and divided in the event of a divorce.
What is the fault of one spouse in Indiana?
Marital Fault - In states that allow at-fault divorces, the fault of one spouse may be used by the judge to justify a higher percentage to the injured spouse. Economic Misconduct - In Indiana, spouses who wastefully or fraudulently spent marital assets may receive a lower percentage of the marital property.
How does Indiana divide marital assets?
Indiana divides marital assets via equitable distribution, which means that the court attempts to divide marital assets in a fair and equitable manner between the spouses, taking multiple factors into account in order to determine the equitable distribution for each spouse.
What is the law in Indiana for dividing property?
All divorcing couples must figure out how to divide their marital property and assign any marital debts. Indiana law requires an equitable division of property in divorce, meaning that the division must be fair but not necessarily equal. Some couples are able to agree on their own about how to divide property, while others use the help ...
What is the difference between marital and separate property in Indiana?
Marital property is property a couple acquires during marriage, while separate property is property one spouse owns before marriage, or acquires by gift or inheritance while married. Although Indiana law makes a distinction between marital and separate property, a judge may divide all of a couple's property in any manner that seems fair, regardless of which spouse actually owns it or when it was acquired.
How do spouses divide property?
Spouses can divide assets by assigning certain items to each spouse, or by selling property and dividing the proceeds. They can also agree to hold property together. While this isn't a very attractive option for most people, as it requires a continued engagement, some couples agree to keep the family home until children are out of school. Others may keep investment property, hoping it will increase in value.
What are the factors that determine property division?
Other factors a court may consider in determining that an unequal division of property would be more appropriate than an equal division include: 1 each spouse's contributions, whether income producing or otherwise, to the acquisition of property 2 each spouse's economic circumstances 3 each spouse's earnings, or earning ability 4 any conduct of a spouse which resulted in the disposal or dissipation of property, and 5 the desirability of awarding the family home, or the right to live in it for a reasonable period of time, to the party who has physical custody of children the majority of the time.
Can a judge divide property in Indiana?
Although Indiana law makes a distinction between marital and separate property, a judge may divide all of a couple's property in any manner that seems fair, regardless of which spouse actually owns it or when it was acquired.
Is it fair to divide marital property?
The distinction between marital and separate property is still important, though, because a court will presume that an equal division of property is fair unless one spouse presents evidence of unfairness, and a claim that certain property is separate may support an argument of unfairness.
Can a court order a money judgment for a spouse?
In addition, if there is little or no property to divide and one spouse has made a financial contribution toward the other spouse's postsecondary education, a court may order a money judgment to the contributing spouse as a reimbursement. A couple making their own agreement can divide assets in whatever way they see fit.
What are the grounds for divorce in Indiana?
Besides irretrievable breakdown of the marriage, Indiana also recognizes three other grounds for divorce, but they rarely come into play: (1) The conviction of either of the parties, subsequent to the marriage, of a felony; (2) Impotence, existing at the time of the marriage; or.
What is the next step in the divorce process in Indiana?
The next step in the Indiana divorce process is the filing of the Petition for Divorce. In Indiana, a divorce is called a “dissolution of marriage” so under the divorce laws in Indiana, a divorce petition is actually titled a “Petition for Dissolution of Marriage.”
What is the process of filing a motion for divorce in Indiana?
Another step in the Indiana Divorce Process that can take place at any time after the filing of the Petition for Dissolution is the filing of Motions. A motion is simply a party asking the Court to make a decision about something or to take some specific action.
How long does it take to get divorced in Indiana?
The divorce laws in Indiana require a minimum waiting period of sixty (60) days after the filing of the Petition for Dissolution of Marriage before the divorce can be granted by the Court.
How to contact an attorney for divorce in Indiana?
Call 1-877-77-AVNET to Schedule a Free Consultation with an Indianapolis Divorce Attorney today or contact us below with any questions you may have about your case and the divorce laws in Indiana or the Indiana divorce process in general.
When is discovery required in Indiana?
While I call it the next step, discovery can actually occur immediately after the filing of the Petition for Dissolution of Marriage and any time after until the final hearing, or other court order setting a time period for discovery.
Can you mediate a divorce in Indiana?
In fact, the parties could even mediate before the Petition for Dissolution was filed to reach agreements for an uncontested divorce. Usually though, the parties have conducted some discovery or exchanging of information before mediation.
Equitable Distribution & Asset Division
- Marital Property and Division of Assets in Indiana
Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when divi… - Debts
There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.
Support Issues
- Spousal Maintenance in Indiana
There are several factors that will determine if spousal maintenance (alimony) in Indiana should be awarded or not. Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years fr… - Child Support in Indiana
Indiana uses the Income Shares Model for calculating child support. This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses. Court…
Custody and Visitation
- Child Custody in Indiana
Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating cir… - Substance Abuse
By itself, substance abuse is not considered one of the grounds for divorce in Indiana. However, if the use of drugs or alcohol is present in a marriage it could impact parts of the divorce settlement. Specifically, any drug use that negatively impacts children or a parent’s ability to car…
Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b… - Disclosing Assets
As part of the divorce process, both spouses must provide financial disclosures. This includes, assets, income and debts. This is so equitable distribution can take place in an appropriate way. Any attempt to hide assets could result in serious repercussions. If one spouse suspects that th…
Other Issues
- Domestic Violence
Domestic violence in Indiana can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secon… - Health Insurance
Indiana courts generally require that both parties maintain status quo when it comes to health insurance during a divorce. However, after a divorce is granted, this does not mean that health insurance is required to continue. In fact, most employers will not carry an ex-spouse after a div…