Does it matter who files for divorce first in Indiana?

Does it matter who files for divorce first in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.

How are marital assets divided in a divorce in Indiana?

Indiana is a “one-pot” property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.

Who gets the house in a divorce Indiana?

Marital and Separate property In general, all property that either spouse acquires after marriage is marital property. Some exceptions to this general rule are inheritances left to one spouse only and gifts to one spouse.

How is debt divided in divorce in Indiana?

Debts are lumped with assets as part of a couple’s marital property, and thus, must be divided as part of the divorce. Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.

What am I entitled to in a divorce in Indiana?

What will the court do as part of a divorce?

• End the marriage.
• Divide the marital property and debts (usually on a 50-50% basis).
• Issue custody, visitation and child support orders for children of the marriage.
• The wife can get her maiden or former name back as part of the divorce.

How long do you have to be married to get spousal support in Indiana?

The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Does Indiana require separation before divorce?

A legal separation is not required prior to an Indiana divorce, although a legal separation may provide the divorce court with the evidence it needs of a marriage’s “irretrievable breakdown.”

What if husband doesn t sign divorce papers?

You and your divorce attorney will simply have to file a Petition for Dissolution of Marriage with the courts. This can be done without a spouse’s signature. Assuming your spouse does not file a response, a judge will file a default hearing on your uncontested divorce.

Can one spouse refuse divorce?

When a spouse refuses to sign divorce papers, the spouse seeking a divorce will need to obtain what is called a contested divorce. To file a contested divorce, the party who wishes to obtain the divorce must file a petition in the family court in their jurisdiction.