How is property divided in a divorce in Indiana?

How is property divided in a divorce in Indiana?

The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.

How long does divorce take in Indiana?

60 days

Is there alimony in the state of Indiana?

Alimonyor spousal maintenance as it’s called in Indianais a court-ordered payment from one spouse to the other during or after the divorce. Although it’s common today for both spouses to work outside the home, spousal maintenance is still available if the lower-earning spouse meets the state requirements.

Can a spouse get alimony in Indiana?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited. That article may answer some of the other questions you may have about divorce in Indiana.

How is alimony calculated 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).

What is the maximum child support in Indiana?

The law defines “reasonable cost” as no more than 6% of the weekly gross income of the parent who is obligated to pay child support. If parents can’t afford private medical coverage, they are required to pay cash for medical support.

What am I entitled to in a divorce in Indiana?

The court will: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?

Under IC 31-15-7, maintenance can be awarded as part of a divorce or legal separation decree, but the parameters of such an award are small. Generally, but for maintenance due to incapacitation, the statutory maximum that a court will require maintenance is 3 years.

Does it matter who files for divorce 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.

Who pays for a divorce in Indiana?

Under the English Rule, the prevailing (winning) party generally paid the others legal fees. The American Rule is much different. With it, each side pays their own legal fees. There are three (3) major exceptions.

How much does the average divorce cost in Indiana?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesIndiana$157Average fees: $9,000Iowa$185Average fees: $9,000+Kansas$400Average fees: $8,000+Kentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+48 more rows•

What is spousal support in Indiana?

Alimony, also called spousal support, is an award of money paid by one ex-spouse to the other. While child support is pretty much always guaranteed, spousal support is determined on a case-by-case basis and can be affected by the existence of a prenuptial agreement.

How long does divorce take once filed?

Filing divorce papers is done after you and your spouse have been separated for at least one year. The length of time you can expect to wait until your divorce is finalised after lodging the application is usually about four months.

Why get a legal separation instead of a divorce?

A legal separation occurs when a married couple makes a formal (legal) decision to live separate lives, often while considering or preparing for divorce. There are many reasons that a couple may prefer a legal separation instead of a divorce, including religious beliefs, tax issues, or other financial reasons.

How do you know when the divorce is final?

California requires divorcing couples to wait six months from the date of filing to finalize a divorce. The court will give you a proof of written judgement that lets you know that your divorce is final.