Divorce Frequently Asked Questions

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.

Complete an Income Withholding Order any time the court is entering an order related to child support. This includes when child support is first established, as well as any time child support is changed. Click the resources here for help with preparing the Income Withholding Order.

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.

Parenting time is the time a parent spends with his or her child. Indiana has a set of guidelines on parenting time. To view the Indiana Parenting Time Guidelines and for instructions on how to create a parenting time calendar, click the resources here.

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 in order to file for divorce in Indiana. Being stationed on a military base in Indiana counts toward this requirement. 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.

Information including court rules, filing fee waiver forms, and how to file forms with the court can be found by clicking the resources here.