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Indiana Family Law

Indiana Family Law


Family law is a very important aspect of society that governs how families and individuals interact in different situations. It is a branch of law that deals with issues that concern families and their members. Family law is a very dynamic field and it is not surprising that different states in America have different laws relating to family law. This article will explore Indiana family law, looking at the various issues that are covered by the law and how they are managed. We will also discuss the recent developments in Indiana family law.

Divorce in Indiana

Divorce is one of the most common issues that arise in family law. In Indiana, a divorce can only be granted if it is based on one of the following grounds: adultery, impotence, felony conviction, alcohol or drug addiction, unbearable mental cruelty and irretrievable breakdown of the marriage. Indiana has a no-fault divorce law, which means that the divorce can be granted even if there is no specific fault on the part of either party. However, if it is found that one of the parties has committed adultery or is guilty of gross neglect of duty, this could have an impact on the determination of property division and spousal support.

Child Support in Indiana

Child support is one of the key issues that arise in family law in Indiana. Child support is the financial support that a non-custodial parent is required to provide for the children of a marriage. Indiana law requires that both parents are responsible for the financial support of their children. The amount of child support is determined by various factors, including the income of the parents, the number of children, the ages of the children, and the custody arrangement. Indiana uses a formula to calculate child support, which takes into account all of these factors.

Child Custody in Indiana

Child custody is another important issue that arises in family law in Indiana. There are two types of custody in Indiana- legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s welfare, including decision about education, healthcare, and religion. Physical custody, on the other hand, refers to the right to have physical control and custody of the child. Indiana courts determine child custody issues based on the best interest of the child. Factors that are considered include the child’s relationship with each parent, the age and sex of the child, the mental and physical health of the parents and the child’s preference.

Spousal Support in Indiana

Spousal support (also known as alimony) is the financial support that one spouse provides to the other after a divorce. In Indiana, spousal support is awarded only in cases where it is reasonable and necessary. The court considers various factors when determining spousal support, including the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the age and health of the parties.

Property Division in Indiana

Property division is a key issue that arises during a divorce. In Indiana, marital property is divided equitably between the parties. Marital property includes any property that was acquired during the marriage, including real estate, personal property, and any other assets. Indiana law recognizes separate property, which is property that was acquired by either party before the marriage or after the date of separation.

Domestic Violence in Indiana

Domestic violence is a very serious issue that affects many families and individuals in Indiana. Domestic violence can take different forms, including physical abuse, emotional abuse, and sexual abuse. Indiana has laws that prohibit domestic violence, and victims have the right to seek protection from the courts. Victims of domestic violence can seek a restraining order, also known as a protective order, from the court. A restraining order prevents the abuser from contacting or going near the victim, and can also provide other forms of relief, such as requiring the abuser to leave the home, awarding custody of children, and awarding temporary financial support.

Recent Developments in Indiana Family Law

Indiana family law has undergone various changes in recent years. In 2019, Indiana passed a law that allows grandparents to seek visitation rights. Previously, only parents had legal rights to seek visitation. The law allows grandparents to seek visitation if the child’s parents are divorced, legally separated, or if one of the parents is deceased. The court considers several factors when making a decision about grandparent visitation, including the relationship between the grandparents and the child, the impact of the visitation on the child’s routine, and the wishes of the child.

Indiana also recently passed legislation that makes it easier for parents to modify child support orders. The new law allows parents to request a review of their child support order once every year if there is a change in the circumstances. Previously, parents could only request a review once every three years. The new law is designed to allow parents to get a child support order that more accurately reflects their current financial situation.


Indiana family law is an important aspect of society that affects many families and individuals. The law governs various issues related to families, such as divorce, child custody, child support, spousal support, and property division. Recent developments in Indiana family law have made it easier for grandparents to seek visitation rights and for parents to modify child support orders. Indiana law also recognizes the rights of victims of domestic violence and provides legal protections. It is important for people in Indiana to be aware of the laws that apply to their situation and to seek legal advice whenever necessary. Overall, Indiana family law reflects the needs of a modern society and strives to protect the rights of all members of the family.

Where are Indiana family laws located?

You will find Indiana family law in the Indiana Code, Title 31, Article 9.  As definitions, provisions and other items of note will be found there and you will refer to this Title whenever you deal with IN family law and lawyers.

What are some things I should know before adopting a child, under Indiana family laws?

Indiana family law defines abandoned children as those that are left with an EMS provider for 45 days without the intent to return for the child.  All infants less than a year old left in a dangerous location, abandoned or at a medical facility are considered abandoned as well.  Generally, the parents of the child have little recourse to reclaim custody or other parental rights under Indiana family law.  if you are adopting a child under Indiana family laws, you might want to ensure that the parents that abandoned their child will not have the legal grounds to regain custody and rights and you will work with a IN family law lawyer to ensure that this is not an issue in the adoption process.

In a divorce matter how does IN family law apply to child support?

The state enforcement of child support withholding and payment will be through the Child Support Bureau, which is a division of the state Attorney General.  The CSB will track down those evading existing obligations and will also initiate cases against those that evade their child support obligation for a low $25 fee.  Tracking down those that owe a child support obligation under Indiana family law is generally free and covered as a service to state residents.

If I am going through a divorce, how do I keep custody, according to IN family law?

Indiana family laws state that children over the age of 14 will be have substantial say in which parent will receive full custody.  For all younger than that, Indiana family laws will consider the sex and age of the child, arguments for custody made by both parents and the environment of the child, including school and home.

Representation for an Indiana family law issue

Lawyers specializing in Indiana family laws are able to deal with a number of relevant legal matters, including but not limited to adoption, divorce and custody.  You might have to find an attorney that is an expert at the specific aspect IN family law and will be able to represent you adequately.  In some IN family law issues where the is definite fault on one of the parties leading to the Indiana family laws dispute, then state law allows you to collect the cost of legal fees from the other party.

Can alimony be ordered under IN family law?

There are provisions for alimony under Indiana family laws.  This includes temporary alimony that might be ordered by the judge in a divorce case to support the needy spouse in the interim.  All other provisions for alimony will be subject to the determination of the court and the terms of the divorce.