Indiana Divorce Laws

Indiana Divorce Laws regarding Child Support

The Court can order either one or both parents, without regard to marital misconduct, to contribute a reasonable child support amount. Whenever it is felt apt, the child support is inclusive of provisions for the education of the child as well as hospitalization and basic health insurance coverage. Some of the factors which are considered while deciding the amount are as follows –

  • The educational needs of the child
  • The mental or physical state of the child
  • If the marriage would have continued, what standard of living the child may have experienced
  • The economical sources of the custodial parent
  • The needs and financial resources of the non-custodial parent

The responsibility of supporting a child ends when the child attains the age of 21 years. However, if the following conditions occur, the support continues –

  • If the child is injured, then during the period of injury or till further order by the Court
  • If the child is set free before attaining 21 years of age as the child has joined the United States armed services or marriage or is not under the control or care of either parent or an agency or individual endorsed by the Court
  • If the child is minimum 18 years of age and is not admitted in a postsecondary or secondary school or for the past 4 months has not been present in a postsecondary or secondary school

Indiana Divorce Laws regarding Property Distribution

As per the laws in this state, an equitable division of marital property is reasonable. However, to prove that an equitable division would not be just, one of the partners has to furnish evidence regarding the following issues –

  • The demeanor of the partners in marital life regarding the dissipation or disposition of the property
  • The property that was attained by each partner prior to the marriage and as an inheritance or gift
  • The financial condition of the partners when the property distribution would take place and the wish of the partner to award the family house or the right to reside in such house for the duration the Court thinks apt, to the partner having custody of a child or children
  • The input of each partner to the acquirement of property irrespective of the fact whether the input was income producing

When the Court concludes that there is nil or little marital property, then one of the partners may be awarded financial contribution for books, laboratory fees and tuition fees regarding higher education. The Court takes into account the consequences on tax of the property distribution with respect to the future and present financial conditions of both partners

Change of name

Indiana Code Title 31 Article 15 Chapter 2-18 governs the issue of alteration of name. Women wish that their maiden name or previous married name may be restored after the current divorce proceedings. Such women must mention the desired name in the petition for dissolution. After entering the Decree for Dissolution, the Court shall grant the change of name.

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