Huntington, Indiana Divorce Lawyers & Attorneys in Huntington County

COMMON DIVORCE QUESTIONS IN INDIANA

What Are the Grounds for Divorce in Huntington, Indiana in Huntington County?

If you’re facing difficulties in your marriage in Indiana, you may be eligible to file for divorce based on one of the following grounds:

• Irreconcilable differences that have led to the breakdown of the marriage
• A felony conviction
• Impotence that existed at the time of the marriage
• Incurable insanity lasting for two years or more

Indiana provides a “no-fault” divorce option, based on the irretrievable breakdown of the marriage, which means there’s no need to prove wrongdoing by either spouse.

A final divorce decree in Indiana typically addresses several key issues, including:

• Custody and parenting time
• Child support
• Spousal maintenance
• Division of assets and debts

Residency Requirements for Divorce in Huntington, Indiana in Huntington County

To file for divorce in Indiana, at least one spouse must have lived in the state for six months before filing, and must have lived in the county where the case is filed for at least three months. The case can be initiated in the county where either spouse meets these residency requirements.

Name of Court and Title of Action/Parties in Huntington, Indiana

Divorce cases in Huntington are filed in Circuit Court. The process begins with a Petition for Dissolution of Marriage, and the final order that legally ends the marriage is called the Judgment for Dissolution of Marriage. The spouse who files is referred to as the Petitioner, while the other spouse is the Respondent.

Legal Separation in Huntington, Indiana

If a couple is no longer living together but isn’t ready to pursue divorce, legal separation might be an option. This allows spouses to seek court orders on issues like child custody or spousal support while remaining legally married.

Spousal Maintenance in Huntington, IN

In Indiana, financial support paid to a spouse during or after divorce is called “spousal maintenance.” These payments help a spouse in need of financial support, whether temporarily or long-term, depending on the situation. Indiana law outlines specific conditions under which maintenance may be awarded:

• Temporary Maintenance – A judge can order short-term support while the divorce is pending to maintain stability until the final order is issued.
• Rehabilitative Maintenance – This support is usually granted for a limited time (up to three years) to help a spouse become financially self-sufficient. Judges will consider:
• • Educational background at the start and end of the marriage
  • Job skills, training, and work history
  • Time spent away from work or education for family-related duties
  • What is needed to help the spouse acquire the necessary skills for employment
• Maintenance for an Incapacitated Spouse – If a spouse is unable to support themselves due to a physical or mental condition, the court may order ongoing support as long as the condition persists.
• Support for a Custodial Parent of a Disabled Child – Maintenance may also be awarded if a parent is the primary caregiver for a child with significant medical or mental health needs that prevent the parent from working outside the home.

Indiana judges have discretion in determining the amount and duration of maintenance, depending on the specifics of each case.

Distribution of Property in Huntington, Indiana in Huntington County

Indiana follows the principle of “equitable distribution,” meaning property and debts are divided fairly, though not necessarily equally. The law assumes that a 50/50 split is fair, but either party can present evidence suggesting a different division would be more suitable.

Property considered in a divorce includes:

• Assets owned by either spouse prior to the marriage
• Anything acquired jointly during the marriage
• Property or assets obtained up until the couple’s official separation date (usually when the case is filed)

Property acquired individually after filing for divorce or legal separation is generally not divided between the spouses.

Child Custody (Parenting Responsibilities) in Huntington, Indiana

Indiana’s guidelines for parenting time focus on the importance of children maintaining regular, meaningful contact with both parents. While separate households can create challenges, ongoing cooperation between parents is crucial for supporting the child’s well-being.

If you have concerns about custody or need guidance on parenting time, contact a custody lawyer in Huntington at Stange Law Firm.

Child Support in Huntington, Indiana

After divorce or legal separation, both parents are expected to contribute financially to their child’s needs. Typically, the parent who does not have primary physical custody pays child support.

In Indiana, child support is calculated using a formula based on each parent’s gross weekly income, which includes:

• Salary or wages
• Income from self-employment, rent, or royalties
• Bonuses, commissions, and overtime
• Other periodic or irregular sources of income

Name Change in Huntington, IN

As part of the divorce process, a spouse may request to return to their previous last name or maiden name. The court has the authority to grant this request as part of the final divorce decree.