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Family Law Services
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Dissolution and separation planning
and litigation
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Custody, Child Support, and Visitation
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Paternity and Guardianship
Capabilities
In order to obtain a divorce in the
State of Indiana you must have lived in the state for at least 6 months.
As this is a "no-fault" divorce state, one spouse cannot
prevent the other spouse from obtaining a divorce and the court will
not consider who caused or asked for the divorce. Because of
this, its important not to wait to protect your rights. You
cannot stop the process on your own; you cannot ignore the process
or it will happen without you and without protection of your rights.
Marital property is to be divided equitably per the Indiana
Code on division of property. It may be that you are entitled
to maintenance or child support during the process, which will be
lost if you do not proceed to protect yourself.
Custody is based on the "best
interest of the child". The statute, I.C.
31-17-2-8 best explains what the Court must consider. Some
of the cases involving custody may include dealing with a parent's
addiction problems which may cause neglect of a child, including drinking,
drugs, gambling and even internet-addiction. Paternity cases
also must consider custody and we have been successful in obtaining
custody for both mothers and fathers in these cases. We have
also successfully rebutted court-appointed experts who have made decisions
based on only a handful of facts rather than the whole picture.
We know that in many cases your concern and care of your child is
of utmost importance.
If you had a child or children with
your prior spouse, or were never married but had a child with another,
and need the assistance of the courts for enforcement or modification
of custody, child support or visitation, you may petition the courts
in the county where you now live to accept jurisdiction of your case.
After acceptance of the case (a change in jurisdiction) you may then
bring your petition. Child support in Indiana is based upon
only the mother's and father's income; step-parents, investments,
or wealth of the family is usually unimportant. See the calculator
below to determine what child support would likely be ordered by the
court. If a person is voluntarily unemployed or underemployed,
the court may assign an amount of income to that person and base child
support on that amount. (In other words, do not change or quit
your job just to save child support!!)
Indiana
Child Support Calculator
Marion
County Visitation Guidelines
Hamilton
County Visitation Guidelines
Hamilton
County Financial Declaration Form
2001
Parenting Time Guidelines 340 kb
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