Divorce Frequently Asked Questions

What does it mean to have an agreement?

Having an agreement means that you and your spouse agree on all issues in your case. For example, in a divorce case where there are children and property having an agreement means you and your spouse agree on who will have custody, when the other parent will have parenting time, who will pay child support and how much he or she will pay, who will keep what property, and who will be responsible for paying which debts.

It also means that you agree on what will happen to the marital property and assets, like the house you live in and retirement accounts you might have.

Income Withholding for Child Support

Any time you ask the court to change parenting time or custody, you should bring this information with you to court: Income Withholding Checklist. 

An Income Withholding Order form and instructions can be found here: Income Withholding Order Form

Legal v. Physical Custody

A parent with primary physical custody has their child living with them most of the time.  The other parent usually has parenting time and is the non-custodial parent.

A parent with legal custody can make major decisions about a child’s upbringing like how the child will be educated, what religious training the child will have, and the medical care the child will receive.  Many times parents have joint legal custody, meaning the parents both make these important decisions for the child.

Indiana Parenting Time Guidelines and Calendar

Parenting time is the time a parent spends with his or her child.  Indiana has adopted a set of guidelines on parenting time. The Indiana Parenting Time Guidelines can be found by clicking here: Indiana Parenting Time Guidelines. 

Click here to connect to a tool that can help build an Indiana Parenting Time Calendar.

How are forms filed with the court?

Information including court rules, filing fee waiver forms, and how to file forms with the court can be found at How To File With The Court

In which court should divorce forms be filed?

Indiana Code  31-15-2-6 explains where a person can file for divorce.

In general, one of the spouses must live in Indiana for six (6) months or more–being stationed on a military base in Indiana counts toward this requirement–in order to file for divorce in Indiana.

Requests (petitions) for divorce are filed in county court.  To file in a county’s court, one of the spouses should have lived in the county for three (3) months or more–being stationed on a military base in Indiana counts toward this requirement–in order to file for divorce in that county.

 

 

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