Question 1

I am getting divorced; do I need an attorney?

Accepted Answer

Indiana divorce law is complex, and how you act during the process can affect your finances and family relationships for years. While you are not required to hire a lawyer, people who represent themselves are held to the same standards as attorneys. Consulting with an attorney before taking any action in court can help you avoid costly mistakes, even in an agreed or "simple" divorce.

Question 2

What are the legal grounds for obtaining divorce?

Accepted Answer

Indiana is a no-fault divorce state, meaning you can seek a divorce without proving wrongdoing by your spouse. There are residency requirements for both the state and county where you file. In some situations, such as when a spouse is pregnant, the divorce generally cannot be finalized until certain conditions are met. Because the law can be complicated, you should consult an attorney about your specific circumstances.

Question 3

How do courts determine who gets custody of children in a divorce?

Accepted Answer

Custody decisions in Indiana are governed by statute, and judges must decide what arrangement is in the best interests of the child. Courts consider testimony, documents, and other evidence to evaluate each parent's ability to meet the child's needs. In more complex cases, the court may appoint a Guardian ad Litem, CASA, or other professionals to investigate and make recommendations. An attorney can help you present evidence and advocate for your position.

Question 4

What is joint custody?

Accepted Answer

Many people use the term "joint custody" to describe an arrangement where parents share parenting time roughly equally. There is also legal custody, which concerns who makes major decisions about a child's education, religion, and non-emergency healthcare. Sole legal custody allows one parent to make these decisions alone, while joint legal custody requires both parents to agree on major changes. Joint legal custody usually works best when parents can communicate and cooperate effectively.

Question 5

How is child support determined in divorce?

Accepted Answer

Child support in Indiana is determined under the Indiana Child Support Guidelines. The court considers each parent's income, prior and subsequent children, health insurance premiums, work-related childcare, parenting time overnights, and other factors. Courts generally follow the guideline amount unless there is a strong reason to deviate, such as temporary unemployment or documented medical conditions. Because the rules can be complex, a lawyer can help ensure that the calculation is accurate and fair.

Question 6

House, the car, the bank accounts, etc. are all in my spouse’s name. Does that mean that my spouse gets to keep everything in the divorce?

Accepted Answer

In Indiana, most property owned by either spouse during the marriage is part of the marital estate, regardless of whose name is on the title. The court has the power to divide assets and debts in a manner it considers fair and reasonable. This often includes ordering the transfer of property, such as a vehicle or real estate, from one spouse to the other. The presence of loans or liens can make the division more complex, so legal advice is important.

Question 7

I want a divorce, but my spouse says he or she will never sign the paperwork. What do I do?

Accepted Answer

You cannot force your spouse to sign settlement documents, but you also do not need their agreement to get a divorce. If your spouse refuses to cooperate, you can proceed through the court system and have a judge decide unresolved issues like property division and custody. While it is usually better and less expensive when parties agree, contested hearings are common, and sometimes they are the only way to finalize a divorce.

Question 8

My spouse cheated on me, spent our money/went to jail/has drug problems. It should be easy to win my case since my spouse did so many terrible things, right?

Accepted Answer

Bad behavior by a spouse can impact certain issues, but it does not automatically mean you will "win" everything in a divorce. In child-related matters, a parent engaged in reckless or dangerous behavior may have more difficulty obtaining custody or extensive parenting time. For property division, Indiana starts with a presumption of a 50/50 split, but this can be adjusted if you prove the other spouse dissipated or wasted marital assets. An attorney can help you evaluate how your spouse’s conduct may affect your case.

Question 9

How are retirement accounts and pensions handled in divorce?

Accepted Answer

Retirement accounts and pensions are usually considered marital assets and subject to division. 401(k)s, IRAs and similar accounts are typically divided by assigning a value and transferring the appropriate share into a new account in the other spouse’s name, often using special court orders to avoid tax penalties. Pensions are more complex and often require an expert valuation to determine their present value. Courts may order a structured division of pension benefits when payments begin in the future.

Question 10

Can I change my name?

Accepted Answer

You can usually request to restore your maiden name as part of your divorce decree. It is important to tell your attorney about this early so it can be included in the final order. Indiana law also allows name changes outside of divorce, but those procedures tend to be more involved and expensive, so it is often easier to address the issue during the divorce itself.

Question 11

My ex will not follow the terms of our divorce decree. What do I do?

Accepted Answer

Court orders are legally binding, and a person who is able but refuses to comply can be brought back before the court. Your attorney can file a petition asking the court to enforce the decree and hold a hearing on the violation. If the judge finds a willful failure to comply, the court can order corrective action, award attorney’s fees, or in serious cases, impose contempt sanctions, including fines or possible jail time.

Question 12

What is the difference between legal custody and physical custody?

Accepted Answer

Legal custody refers to the right to make major decisions for a child, such as those involving education, non-emergency medical care, religion, and significant discipline issues. Physical custody concerns where the child lives and the day-to-day care arrangements. Legal custody can be sole, where one parent makes these decisions, or joint, where both must agree. Courts may order joint legal custody when parents can communicate and cooperate, or sole legal custody when ongoing conflict prevents effective shared decision-making.

Question 13

How much will this cost?

Accepted Answer

The cost of a divorce depends largely on how complicated your case is and how much you and your spouse can agree on. It is difficult for any attorney to predict an exact total because litigation involves multiple parties and variables. The more issues you can resolve cooperatively, the less time and money your case is likely to require. Your attorney should help you manage expenses, explain what you are being billed for, and discuss potential future costs.

Question 14

I want to move away with my child/My ex wants to move and take our child away. Can I/they do this?

Accepted Answer

Except for smaller moves under certain distance and school-district thresholds, a parent who wants to relocate must give formal notice to the other parent and file that notice with the court. The non-moving parent then has the right to consent or object. If an objection is filed, the court will hold a hearing and decide whether the move and any change in custody or parenting time is in the child’s best interests. The court cannot stop an adult from moving, but it can change custody if the custodial parent relocates.

Question 15

How long do I have to pay child support?

Accepted Answer

In Indiana, child support typically continues until the child is emancipated, which is generally at age 19. There are exceptions, such as when a child is disabled or otherwise unable to become self-supporting, in which case support may continue indefinitely. If you have signed an agreement to pay support beyond the statutory emancipation age, you are usually bound by that agreement. You should review your specific order or settlement with an attorney to understand your obligations.

Question 16

My ex won’t let me see my kids, what can I do?

Accepted Answer

If you have a court order for parenting time and your ex is not following it, the usual first step is to pursue a contempt action. This involves filing a petition informing the court that the other parent is violating the order. Courts often respond by ordering corrective action and may increase the severity of sanctions if violations continue. In serious or repeated cases, it may become appropriate to ask the court to modify custody.

Question 17

Why do I need an estate plan?

Accepted Answer

You have an estate plan whether you intentionally create one or not. If you do nothing, your affairs will be governed by state intestate succession laws and standard provisions in documents like life insurance policies, retirement accounts, and bank agreements. A customized estate plan allows you to decide how and when your property will be managed and distributed, rather than leaving those decisions to default rules.

Question 18

What things do I need to consider in my estate plan?

Accepted Answer

A good estate plan should address the transfer of your property at death and how your assets will be managed if you become incapacitated. It should also consider non-financial issues such as decisions about your medical care and who will make those decisions if you cannot. Planning ahead reduces uncertainty and makes things easier for your loved ones.

Question 19

Is Jointly Owned Property a good estate Plan?

Accepted Answer

Joint ownership can be useful in estate planning, but it is not always the best or only tool. You should consider potential loss of control, exposure to creditors or divorcing spouses of joint owners, and tax implications such as loss of a stepped-up basis at death. Alternatives like transfer-on-death deeds and other non-probate transfers may achieve similar goals while giving you more flexibility and protection.

Question 20

How do I make sure my grandchildren get the money I leave to their dad, and make sure it isn’t taken by their stepmother?

Accepted Answer

One way is to leave the money in a trust for your grandchildren rather than outright to their parent. A trustee manages the funds and makes distributions for the grandchildren’s benefit, under terms you set in advance. This structure can help ensure that the money is used for the grandchildren and is not diverted or controlled by a stepparent.

Question 21

What is health care or medical power of attorney?

Accepted Answer

A healthcare or medical power of attorney is a document in which you appoint someone to make medical decisions for you if you lose the ability to decide for yourself. Depending on the situation, this lack of capacity may be temporary or long-term. Many states provide standard forms that are familiar to healthcare providers, and some allow you to customize the document to reflect your wishes.

Question 22

What is a living will?

Accepted Answer

A living will is a formal written statement that records your wishes about life-sustaining treatment if you are terminally ill or permanently unconscious. In it, you typically state that you do not want to be kept alive by artificial means or have heroic measures used to prolong your life. This document guides healthcare providers and loved ones when you cannot speak for yourself.

Question 23

What is a durable power of attorney?

Accepted Answer

A durable power of attorney appoints an agent, often called an attorney-in-fact, to manage your financial or business affairs if you cannot. The document is "durable" because it remains effective even if you become incapacitated. It can be broad or limited, and often designates who you prefer to serve as your guardian if one is ever needed. A valid durable power of attorney can reduce or eliminate the need for a court-appointed guardian.

Question 24

What is a will?

Accepted Answer

A will, sometimes called a last will and testament, is a document that states your final wishes regarding how your property should be distributed after your death. It is submitted to the probate court, which oversees the administration of your estate. The court and your personal representative are responsible for carrying out the terms of your will as written, so careful drafting is essential.

Question 25

What happens if you die without a will?

Accepted Answer

If you die without a will, you are considered to have died intestate, and your probate assets are distributed under your state’s intestate succession laws. Probate assets generally include property you own in your name alone at death that is not otherwise transferred by beneficiary designation, joint ownership, or trust. Assets held in joint tenancy, payable-on-death accounts, life insurance with named beneficiaries, and property in a valid trust typically pass outside of probate and are not controlled by intestacy rules.

Question 26

What is a trust?

Accepted Answer

A trust is a fiduciary arrangement in which a trustee holds and manages assets for the benefit of one or more beneficiaries under terms you establish. Trusts can specify how and when assets are to be distributed and can be tailored to many different goals. A trust created during your lifetime is often called a living or inter vivos trust, while a trust created in your will that takes effect after your death is called a testamentary trust. Living trusts may be revocable or irrevocable, and certain irrevocable trusts can provide estate tax advantages.

Question 27

How are trusts different than wills?

Accepted Answer

Both wills and trusts are used to manage and distribute a person’s assets, but they work differently. A will becomes effective only at death and is administered through the public probate process by a personal representative. A trust can begin operating during your lifetime or at death, managing property for you and your beneficiaries, often without court involvement. Because trusts usually remain private and can address both lifetime management and post-death distribution, they can offer advantages that a will alone does not provide.

Question 28

Are there times when a trust is preferred over a will?

Accepted Answer

A trust is often preferred when privacy and ongoing asset management are important. A properly funded living trust can manage your property during your lifetime and for your family afterward, without going through a public probate process. Trusts also allow you to set detailed conditions on how and when beneficiaries receive assets. An attorney can help determine whether a trust is appropriate for your situation, including how it might interact with spousal inheritance rights under Indiana law.

Question 29

What is a revocable trust?

Accepted Answer

A revocable living trust is a trust you create during your lifetime that you can change or revoke at any time while you have capacity. You typically retain control over the assets in the trust and can amend its terms as your circumstances change. At your death or incapacity, a successor trustee steps in to manage and distribute the assets according to your instructions.

Question 30

What is a testamentary trust?

Accepted Answer

A testamentary trust is created under the terms of your will and does not come into existence until after your death, when the will is admitted to probate. At that point, the trust is funded with the assets specified in the will, and the trustee manages and distributes those assets according to the trust provisions. This type of trust is often used to provide ongoing management for minor or financially inexperienced beneficiaries.

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Category Archives: Family Law

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