Indiana Divorce Laws
ARTICLE 15. FAMILY LAW: DISSOLUTION OF
MARRIAGE AND LEGAL SEPARATION
IC 31-15-1
Chapter 1. General Provisions
IC 31-15-1-1
Construction and application of article
Sec. 1. This article shall be construed and applied to promote the
purposes and policies of this article.
As added by P.L.1-1997, SEC.7.
IC 31-15-1-2
Purposes and policies of article
Sec. 2. The purposes and policies of this article are as follows:
(1) To abolish the existing grounds for absolute and limited
divorce and to provide as the basis for dissolution of marriage:
(A) irretrievable breakdown of the marriage;
(B) the conviction of either party, subsequent to the
marriage, of a felony;
(C) impotence existing at the time of the marriage; and
(D) incurable insanity of either party for a period of at least
two (2) years.
(2) To provide for the appropriate procedures for the dissolution
of marriage.
(3) To provide for the disposition of property, child support,
and child custody.
(4) To provide for separation agreements.
(5) To provide for a temporary legal separation.
As added by P.L.1-1997, SEC.7.
Chapter 2. Actions for Dissolution of Marriage
IC 31-15-2-1
Applicability of Indiana Rules of Civil Procedure
Sec. 1. Proceedings under this article must comply with the
Indiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-2
Cause of action established
Sec. 2. A cause of action for dissolution of marriage is
established.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-3
Grounds for decree
Sec. 3. Dissolution of marriage shall be decreed upon a finding by
a court of one (1) of the following grounds and no other ground:
(1) Irretrievable breakdown of the marriage.
(2) The conviction of either of the parties, subsequent to the
marriage, of a felony.
(3) Impotence, existing at the time of the marriage.
(4) Incurable insanity of either party for a period of at least two
(2) years.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-4
Caption
Sec. 4. A proceeding for dissolution of marriage is commenced by
the filing of a petition entitled, "In Re the marriage of _________
and __________."
As added by P.L.1-1997, SEC.7.
IC 31-15-2-5
Verified petition; averments
Sec. 5. A petition for dissolution of marriage must:
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residence
in the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The name, age, and address of:
(i) any living child less than twenty-one (21) years of age;
and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for dissolution of the marriage.
(F) The relief sought.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-6
Residence
Sec. 6. (a) At the time of the filing of a petition under section 4 of
this chapter, at least one (1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation within
Indiana;
for six (6) months immediately preceding the filing of the petition.
(b) At the time of the filing of a petition under section 4 of this
chapter, at least one (1) of the parties must have been:
(1) a resident of the county; or
(2) stationed at a United States military installation within the
county;
where the petition is filed for three (3) months immediately
preceding the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-7
Venue; legal separation proceeding pending or order in effect;
disposition
Sec. 7. (a) A petition or counter petition for dissolution of
marriage must be filed in the court in which:
(1) a legal separation proceeding is pending; or
(2) a provisional order or decree for legal separation is in effect;
if the petition for legal separation was filed before the petition or
counter petition for dissolution of marriage.
(b) If a petition or counter petition for dissolution of marriage
under section 4 of this chapter is filed while a provisional order or
decree for legal separation is in effect, the procedure for dissolution
of marriage continues. The provisional order or decree for legal
separation remains in effect only:
(1) until the effective date of the provisional order on the
petition or counter petition for dissolution; or
(2) until the provisional order or decree for legal separation
expires;
whichever occurs first.
(c) The court shall dismiss a petition for legal separation if, at the
time the petition for dissolution is filed, neither:
(1) a provisional order; nor
(2) a decree for legal separation;
has been granted.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-8
Service of petition and summons
Sec. 8. Whenever a petition is filed, a copy of the petition,
including a copy of a summons, shall be served upon the other party
to the marriage in the same manner as service of summons in civil
actions generally.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-9
Responsive pleading or counter petition
Sec. 9. A responsive pleading or a counter petition may be filed
under this chapter.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-10
Final hearing
Sec. 10. Except as provided in sections 13 and 14 of this chapter,
in an action for a dissolution of marriage under section 2 of this
chapter, a final hearing shall be conducted not earlier than sixty (60)
days after the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-11
Final hearing; action for legal separation pending when action for
dissolution of marriage filed
Sec. 11. If a petition has been filed in an action for legal
separation under IC 31-15-3-2 (or IC 31-1-11.5-3(c) before its
repeal), a final hearing on a petition or counter petition subsequently
filed in an action for dissolution of marriage under section 2 of this
chapter (or IC 31-1-11.5-3(a) before its repeal) may be held at any
time after sixty (60) days after the petition in an action for legal
separation under IC 31-15-3-2 has been filed.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-12
Motion to dismiss by party who filed action; counter petition;
hearing
Sec. 12. (a) This section applies if a party who filed an action for
dissolution of marriage under section 2 of this chapter (or
IC 31-1-11.5-3(a) before its repeal) files a motion to dismiss the
action.
(b) A party that files an action shall serve each other party to the
action with a copy of the motion.
(c) A party to the action may file a counter petition under section
2 of this chapter not later than five (5) days after the filing of the
motion to dismiss. If a party files a counter petition under this
subsection, the court shall set the petition and counter petition for
final hearing not earlier than sixty (60) days after the initial petition
was filed.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-13
Summary dissolution decree
Sec. 13. At least sixty (60) days after a petition is filed in an
action for dissolution of marriage under section 2 of this chapter, the
court may enter a summary dissolution decree without holding a final
hearing under this chapter if there have been filed with the court
verified pleadings, signed by both parties, containing:
(1) a written waiver of final hearing; and
(2) either:
(A) a statement that there are no contested issues in the
action; or
(B) a written agreement made in accordance with section 17
of this chapter that settles any contested issues between the
parties.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-14
Bifurcation of issues; summary disposition orders
Sec. 14. (a) The court may bifurcate the issues in an action for
dissolution of marriage filed under section 2 of this chapter (or
IC 31-1-11.5-3(a) before its repeal) to provide for a summary
disposition of uncontested issues and a final hearing of contested
issues. The court may enter a summary disposition order under this
section upon the filing with the court of verified pleadings, signed by
both parties, containing:
(1) a written waiver of a final hearing in the matter of:
(A) uncontested issues specified in the waiver; or
(B) contested issues specified in the waiver upon which the
parties have reached an agreement;
(2) a written agreement made in accordance with section 17 of
this chapter pertaining to contested issues settled by the parties;
and
(3) a statement:
(A) specifying contested issues remaining between the
parties; and
(B) requesting the court to order a final hearing as to
contested issues to be held under this chapter.
(b) The court shall include in a summary disposition order entered
under this section a date for a final hearing of contested issues.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-15
Final hearing; evidence; dissolution decree; continuance; motion
for dissolution
Sec. 15. (a) At the final hearing on a petition for dissolution of
marriage the court shall consider evidence, including agreements and
verified pleadings filed with the court. If the court finds that the
material allegations of the petition are true, the court:
(1) shall enter a dissolution decree as provided in section 16 of
this chapter; or
(2) if the court finds that there is a reasonable possibility of
reconciliation, may continue the matter and order the parties to
seek reconciliation through any available counseling.
(b) At any time forty-five (45) days after the date of a
continuance:
(1) either party may move for the dissolution of the marriage;
and
(2) the court may enter a dissolution decree as provided in
section 16 of this chapter.
(c) If no motion for the dissolution is filed, the matter shall be,
automatically and without further action by the court, dismissed after
the expiration of ninety (90) days from the date of continuance.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-16
Dissolution decree; scope; finality; remarriage pending appeal
Sec. 16. (a) The court shall enter a dissolution decree:
(1) when the court has made the findings required by section 15
of this chapter; or
(2) upon the filing of pleadings under section 13 of this chapter.
The decree may include orders as provided for in this article.
(b) A dissolution decree is final when entered, subject to the right
of appeal.
(c) An appeal from the provisions of a dissolution decree that does
not challenge the findings as to the dissolution of the marriage does
not delay the finality of the provision of the decree that dissolves the
marriage, so that the parties may remarry pending appeal.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-17
Agreements
Sec. 17. (a) To promote the amicable settlements of disputes that
have arisen or may arise between the parties to a marriage attendant
upon the dissolution of their marriage, the parties may agree in
writing to provisions for:
(1) the maintenance of either of the parties;
(2) the disposition of any property owned by either or both of
the parties; and
(3) the custody and support of the children of the parties.
(b) In an action for dissolution of marriage:
(1) the terms of the agreement, if approved by the court, shall
be incorporated and merged into the decree and the parties shall
be ordered to perform the terms; or
(2) the court may make provisions for:
(A) the disposition of property;
(B) child support;
(C) maintenance; and
(D) custody;
as provided in this title.
(c) The disposition of property settled by an agreement described
in subsection (a) and incorporated and merged into the decree is not
subject to subsequent modification by the court, except as the
agreement prescribes or the parties subsequently consent.
As added by P.L.1-1997, SEC.7.
IC 31-15-2-18
Name change of woman
Sec. 18. A woman who desires the restoration of her maiden or
previous married name must set out the name she desires to be
restored to her in her petition for dissolution as part of the relief
sought. The court shall grant the name change upon entering the
decree of dissolution.
As added by P.L.1-1997, SEC.7.
Chapter 3. Actions for Legal Separation
IC 31-15-3-1
Applicability of Indiana Rules of Civil Procedure
Sec. 1. Proceedings under this article must comply with the
Indiana Rules of Civil Procedure.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-2
Cause of action established
Sec. 2. A cause of action for legal separation is established.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-3
Findings required for decree
Sec. 3. Legal separation shall be decreed upon a finding by a
court:
(1) that conditions in or circumstances of the marriage make it
currently intolerable for both parties to live together; and
(2) that the marriage should be maintained.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-4
Caption; verified petition; averments
Sec. 4. A proceeding for legal separation is commenced by the
filing of a petition entitled, "In Re the legal separation of _________
and _________". The petition must:
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residence
in the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The names, ages, and addresses of:
(i) any living child less than twenty-one (21) years of age;
and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for legal separation.
(F) The relief sought.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-5
Dissolution of marriage action; provisional order or decree as bar
to legal separation proceeding
Sec. 5. A proceeding may not be commenced under section 4 of
this chapter if:
(1) an action for dissolution of marriage filed under
IC 31-15-2-4 (or IC 31-1-11.5-3(a) before its repeal) is pending;
or
(2) a provisional order or decree based on a petition for
dissolution of marriage filed under IC 31-15-2-4 (or
IC 31-1-11.5-3(a) before its repeal) has been granted.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-6
Residence
Sec. 6. (a) At the time of the filing of a petition for legal
separation under section 4 of this chapter, at least one (1) of the
parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation within
Indiana;
for six (6) months immediately preceding the filing of each petition.
(b) At the time of the filing of a petition for legal separation under
section 4 of this chapter, at least one (1) of the parties must have
been:
(1) a resident of the county; or
(2) stationed at a United States military installation within the
county;
where the petition is filed for three (3) months immediately
preceding the filing of the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-7
Service of petition and summons
Sec. 7. Whenever a petition is filed, a copy of the petition,
including a copy of a summons, shall be served upon the other party
to the marriage in the same manner as service of summons in civil
actions generally.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-8
Responsive pleading or counter petition
Sec. 8. A responsive pleading or a counter petition may be filed
under this chapter.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-9
Decree; term; findings
Sec. 9. In an action for legal separation under section 2 of this
chapter, the court may grant a decree for a separation of the parties
to the marriage for a period not to exceed one (1) year if the court
finds that:
(1) conditions in or circumstances of the marriage make it
currently intolerable for both parties to live together;
(2) the marriage should be maintained; and
(3) neither party has filed a petition or counter petition for
dissolution of marriage under IC 31-15-2 (or IC 31-1-11.5
before its repeal).
As added by P.L.1-1997, SEC.7.
IC 31-15-3-10
Scope of decree
Sec. 10. A decree under this chapter may include orders as
provided in this article.
As added by P.L.1-1997, SEC.7.
IC 31-15-3-11
Maintenance
Sec. 11. A decree under this chapter may not include a
maintenance provision that extends beyond the period of legal
separation.
As added by P.L.1-1997, SEC.7.
Chapter 4. Provisional Orders in Dissolution and Legal Separation
Actions
IC 31-15-4-1
Motions
Sec. 1. (a) In an action for dissolution of marriage under
IC 31-15-2 or legal separation under IC 31-15-3, either party may file
a motion for any of the following:
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage
entitled to support.
(3) Possession of property.
(4) Counseling.
(5) A protective order under IC 34-26-5.
(b) If a party desires a protective order under subsection (a)(5),
the party must file a petition under IC 34-26-5 in the court in which
the case is pending, and the court may not require the moving party
to give security. If the petitioner requests an ex parte protective
order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under this
subsection are controlled by IC 34-26-5.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.27;
P.L.221-2003, SEC.5.
IC 31-15-4-2
Supporting affidavit
Sec. 2. Except for a protective order under section 1 of this
chapter, the motion must be accompanied by an affidavit setting forth
the following:
(1) The factual basis for the motion.
(2) The amounts requested or other relief sought.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.28.
IC 31-15-4-3
Motion for temporary restraining order
Sec. 3. As a part of a motion for temporary maintenance, for
support or custody of a child, or for possession of property under
section 1 of this chapter or by independent motion accompanied by
affidavit, either party may request the court to issue a temporary
restraining order:
(1) restraining any person from transferring, encumbering,
concealing, or in any way disposing of any property, except in
the usual course of business or for the necessities of life; or
(2) granting temporary possession of property to either party.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.29.
IC 31-15-4-4
Hearing of motions
Sec. 4. The motion for temporary maintenance, support or custody
of a child, or possession of property under section 1 of this chapter
shall be set for hearing by the court.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-5
Preliminary hearing of petition for temporary support or custody
of child
Sec. 5. The court shall immediately schedule a preliminary
hearing upon the filing of a petition for:
(1) temporary child support; or
(2) temporary custody of a child entitled to support.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-6
Determination
Sec. 6. The court shall determine:
(1) after the hearing; and
(2) not later than twenty-one (21) days after the petition is filed;
whether to grant or deny the petition.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-7
Temporary restraining order
Sec. 7. The court may issue a temporary restraining order if the
court finds on the basis of the moving party's affidavit that injury
would result to the moving party if an immediate order were not
issued.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-8
Temporary orders
Sec. 8. (a) The court may issue an order for temporary
maintenance or support in such amounts and on such terms that are
just and proper. However, the court shall require that the support
payments be made through the clerk of the circuit court as trustee for
remittance to the person entitled to receive benefits, unless the court
has reasonable grounds for providing or approving another method
of payment.
(b) The court may issue:
(1) a temporary restraining order;
(2) a custody order; or
(3) an order for possession of property;
to the extent the court considers proper.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-9
Counseling
Sec. 9. The court may require the parties to seek counseling for
themselves or for a child of the parties under such terms and
conditions that the court considers appropriate if:
(1) either party makes a motion for counseling in an effort to
improve conditions of their marriage;
(2) a party, the child of the parties, the child's guardian ad litem
or court appointed special advocate, or the court makes a
motion for counseling for the child; or
(3) the court makes a motion for counseling for parties who are
the parents of a child less than eighteen (18) years of age.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-10
Joint counseling
Sec. 10. The court may not require joint counseling of the parties
under section 9 of this chapter:
(1) without the consent of both parties; or
(2) if there is evidence that the other party has demonstrated a
pattern of domestic or family violence against a family or
household member.
As added by P.L.1-1997, SEC.7. Amended by P.L.133-2002, SEC.30.
IC 31-15-4-11
Change of venue or change from judge; effect on jurisdiction
Sec. 11. The filing by either party of a motion for change of venue
or change from the judge during the period before the court makes a
determination under section 6 of this chapter does not divest the
court of jurisdiction to:
(1) hear evidence upon the petition;
(2) set an amount of temporary child support;
(3) determine temporary custody; or
(4) order appropriate parenting time.
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.27.
IC 31-15-4-12
Change of venue or change from judge; effect on provisional
orders
Sec. 12. If the court grants a change of venue or change from the
judge after the preliminary order of support, custody, or parenting
time is issued, either party may:
(1) file a petition for a subsequent preliminary hearing on the
issue of temporary child support, temporary custody, or
parenting time;
(2) seek relief from the original order; and
(3) request that the court conduct a hearing relating to any other
temporary order available under this article.
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.28.
IC 31-15-4-13
Provisional order; rights not prejudiced
Sec. 13. The issuance of a provisional order is without prejudice
to the rights of the parties or the child as adjudicated at the final
hearing in the proceeding.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-14
Provisional order; termination
Sec. 14. A provisional order terminates when:
(1) the final decree is entered subject to right of appeal; or
(2) the petition for dissolution or legal separation is dismissed.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-15
Provisional order; revocation or modification
Sec. 15. The terms of a provisional order may be revoked or
modified before the final decree on a showing of the facts
appropriate to revocation or modification.
As added by P.L.1-1997, SEC.7.
IC 31-15-4-16
Chapter 5. Protective Orders in Dissolution and Legal Separation
Actions
IC 31-15-5-1
Protective order; procedure
Sec. 1. Either party may request a protective order to prevent
domestic or family violence at any time during the dissolution of
marriage or legal separation action by filing a petition under
IC 34-26-5 in the court in which the case is pending. The court may
not require the moving party to give security. If the petitioner
requests an ex parte protective order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under this
section are controlled by IC 34-26-5.
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.6;
P.L.133-2002, SEC.31; P.L.221-2003, SEC.6.
IC 31-15-5-2
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-3
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-4
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-5
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-6
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-7
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-8
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-9
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-10
Repealed
(Repealed by P.L.133-2002, SEC.69.)
IC 31-15-5-11
Repealed
(Repealed by P.L.133-2002, SEC.69.)
Chapter 6. Appointment of Guardians Ad Litem and Court
Appointed Special Advocates in Dissolution and Legal Separation
Actions
IC 31-15-6-1
Appointment
Sec. 1. A court in a proceeding under this article may appoint:
(1) a guardian ad litem;
(2) a court appointed special advocate; or
(3) both;
for a child at any time.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-2
Persons ineligible for appointment
Sec. 2. A court may not appoint a party to the proceedings, the
party's employee, or the party's representative as the:
(1) guardian ad litem;
(2) court appointed special advocate;
(3) guardian ad litem program; or
(4) court appointed special advocate program;
for a child who is involved in the proceedings.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-3
Protection of best interests of the child
Sec. 3. A guardian ad litem or court appointed special advocate
shall represent and protect the best interests of the child.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-4
Term of appointment
Sec. 4. A guardian ad litem or court appointed special advocate
serves until the court enters an order for removal.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-5
Officers of the court
Sec. 5. The guardian ad litem or the court appointed special
advocate, or both, are considered officers of the court for the purpose
of representing the child's interests.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-6
Representation by attorney
Sec. 6. The guardian ad litem or the court appointed special
advocate may be represented by an attorney. If necessary to protect
the child's interests, the court may appoint an attorney to represent
the guardian ad litem or the court appointed special advocate.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-7
Subpoena powers; presentation of evidence
Sec. 7. A guardian ad litem or court appointed special advocate
appointed by a court under this chapter (or IC 31-1-11.5-28 before its
repeal) may subpoena witnesses and present evidence regarding:
(1) the supervision of the action; or
(2) any investigation and report that the court requires of the
guardian ad litem or court appointed special advocate.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-8
Continuing supervision
Sec. 8. The court may order a guardian ad litem or court appointed
special advocate appointed by a court under this chapter (or
IC 31-1-11.5-28 before its repeal) to exercise continuing supervision
over the child to assure that the custodial or parenting time terms of
an order entered by the court under this article (or IC 31-1-11.5
before its repeal) are carried out as required by the court.
As added by P.L.1-1997, SEC.7. Amended by P.L.68-2005, SEC.29.
IC 31-15-6-9
Civil immunity
Sec. 9. Except for gross misconduct:
(1) a guardian ad litem;
(2) a court appointed special advocate;
(3) an employee of a county guardian ad litem or court
appointed special advocate program; or
(4) a volunteer for a guardian ad litem or court appointed
special advocate program;
who performs duties in good faith is immune from any civil liability
that may occur as a result of that person's performance.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-10
User fee; order for payment
Sec. 10. The court may order either or both parents of a child for
whom a guardian ad litem or court appointed special advocate is
appointed under this chapter (or IC 31-1-11.5-28 before its repeal) to
pay a user fee for the services provided under this chapter.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-11
User fee; collection procedures
Sec. 11. The court shall establish one (1) of the following
procedures to be used to collect the user fee:
(1) The court may order the clerk of the court to collect the user
fee and deposit the user fee into the county's guardian ad litem
fund or court appointed special advocate fund. The fiscal body
of the county shall appropriate money collected as user fees
under this chapter to the court having jurisdiction over custody
actions for the court's use in providing guardian ad litem or
court appointed special advocate services, including the costs
of representation.
(2) The court may order either or both parents to pay the user
fee to the:
(A) guardian ad litem program that provided the services; or
(B) court appointed special advocate program that provided
the services.
(3) The court may order either or both parents to pay the user
fee to the individual or attorney guardian ad litem that provided
the services.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-12
Funds
Sec. 12. Money remaining in a county's:
(1) guardian ad litem fund; or
(2) court appointed special advocate fund;
at the end of the county's fiscal year does not revert to any other
fund.
As added by P.L.1-1997, SEC.7.
IC 31-15-6-13
User fee; report of receipt of payment
Sec. 13. If the court orders either or both parents to pay the user
fee according to section 11(2) or 11(3) of this chapter, the program
or the individual or attorney guardian ad litem shall report to the
court the receipt of payment not later than thirty (30) days after
receiving the payment.
As added by P.L.1-1997, SEC.7.
Chapter 7. Disposition of Property and Maintenance
IC 31-15-7-1
Order for maintenance
Sec. 1. The court may order maintenance in:
(1) final dissolution of marriage decrees entered under
IC 31-15-2-16; and
(2) legal separation decrees entered under IC 31-15-3-9;
after making the findings required by section 2 of this chapter.
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.8.
IC 31-15-7-2
Findings concerning maintenance
Sec. 2. A court may make the following findings concerning
maintenance:
(1) If the court finds a spouse to be physically or mentally
incapacitated to the extent that the ability of the incapacitated
spouse to support himself or herself is materially affected, the
court may find that maintenance for the spouse is necessary
during the period of incapacity, subject to further order of the
court.
(2) If the court finds that:
(A) a spouse lacks sufficient property, including marital
property apportioned to the spouse, to provide for the
spouse's needs; and
(B) the spouse is the custodian of a child whose physical or
mental incapacity requires the custodian to forgo
employment;
the court may find that maintenance is necessary for the spouse
in an amount and for a period of time that the court considers
appropriate.
(3) After considering:
(A) the educational level of each spouse at the time of
marriage and at the time the action is commenced;
(B) whether an interruption in the education, training, or
employment of a spouse who is seeking maintenance
occurred during the marriage as a result of homemaking or
child care responsibilities, or both;
(C) the earning capacity of each spouse, including
educational background, training, employment skills, work
experience, and length of presence in or absence from the
job market; and
(D) the time and expense necessary to acquire sufficient
education or training to enable the spouse who is seeking
maintenance to find appropriate employment;
a court may find that rehabilitative maintenance for the spouse
seeking maintenance is necessary in an amount and for a period
of time that the court considers appropriate, but not to exceed
three (3) years from the date of the final decree.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-3
Modification or revocation of order for maintenance
Sec. 3. Provisions of an order with respect to maintenance ordered
under section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal)
may be modified or revoked. Except as provided in IC 31-16-8-2,
modification may be made only:
(1) upon a showing of changed circumstances so substantial and
continuing as to make the terms unreasonable; or
(2) upon a showing that:
(A) a party has been ordered to pay an amount in child
support that differs by more than twenty percent (20%) from
the amount that would be ordered by applying the child
support guidelines; and
(B) the order requested to be modified or revoked was issued
at least twelve (12) months before the petition requesting
modification was filed.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-4
Division of property
Sec. 4. (a) In an action for dissolution of marriage under
IC 31-15-2-2, the court shall divide the property of the parties,
whether:
(1) owned by either spouse before the marriage;
(2) acquired by either spouse in his or her own right:
(A) after the marriage; and
(B) before final separation of the parties; or
(3) acquired by their joint efforts.
(b) The court shall divide the property in a just and reasonable
manner by:
(1) division of the property in kind;
(2) setting the property or parts of the property over to one (1)
of the spouses and requiring either spouse to pay an amount,
either in gross or in installments, that is just and proper;
(3) ordering the sale of the property under such conditions as
the court prescribes and dividing the proceeds of the sale; or
(4) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable after
the dissolution of marriage, by setting aside to either of the
parties a percentage of those payments either by assignment or
in kind at the time of receipt.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-5
Presumption for equal division of marital property; rebuttal
Sec. 5. The court shall presume that an equal division of the
marital property between the parties is just and reasonable. However,
this presumption may be rebutted by a party who presents relevant
evidence, including evidence concerning the following factors, that
an equal division would not be just and reasonable:
(1) The contribution of each spouse to the acquisition of the
property, regardless of whether the contribution was income
producing.
(2) The extent to which the property was acquired by each
spouse:
(A) before the marriage; or
(B) through inheritance or gift.
(3) The economic circumstances of each spouse at the time the
disposition of the property is to become effective, including the
desirability of awarding the family residence or the right to
dwell in the family residence for such periods as the court
considers just to the spouse having custody of any children.
(4) The conduct of the parties during the marriage as related to
the disposition or dissipation of their property.
(5) The earnings or earning ability of the parties as related to:
(A) a final division of property; and
(B) a final determination of the property rights of the parties.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-6
Monetary judgment to spouse for expenses of postsecondary
education
Sec. 6. If the court finds there is little or no marital property, the
court may award either spouse a money judgment not limited to the
property existing at the time of final separation. However, this award
may be made only for the financial contribution of one (1) spouse
toward tuition, books, and laboratory fees for the postsecondary
education of the other spouse.
As added by P.L.1-1997, SEC.7. Amended by P.L.2-2007, SEC.359.
IC 31-15-7-7
Tax consequences of property division
Sec. 7. The court, in determining what is just and reasonable in
dividing property under this chapter, shall consider the tax
consequences of the property disposition with respect to the present
and future economic circumstances of each party.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-8
Security, bond, or other guarantee of division of property
Sec. 8. Upon entering an order under this chapter, the court may
provide for the security, bond, or other guarantee that is satisfactory
to the court to secure the division of property.
As added by P.L.1-1997, SEC.7.
IC 31-15-7-9
Repealed
(Repealed by P.L.197-1997, SEC.29.)
IC 31-15-7-9.1
Revocation or modification of property disposition orders; fraud
Sec. 9.1. (a) The orders concerning property disposition entered
under this chapter (or IC 31-1-11.5-9 before its repeal) may not be
revoked or modified, except in case of fraud.
(b) If fraud is alleged, the fraud must be asserted not later than six
(6) years after the order is entered.
As added by P.L.2-1998, SEC.75.
IC 31-15-7-10
Enforcement
Sec. 10. Notwithstanding any other law, all orders and awards
contained in a dissolution of marriage decree or legal separation
decree may be enforced by:
(1) contempt;
(2) an income withholding order; or
(3) any other remedies available for the enforcement of a court
order;
except as otherwise provided by this article.
As added by P.L.1-1997, SEC.7. Amended by P.L.197-1997, SEC.9;
P.L.148-2006, SEC.12.
Chapter 8. Support of Children and Other Dependents
IC 31-15-8-1
Governing law
Sec. 1. The support of children and other dependents is governed
by IC 31-16.
As added by P.L.1-1997, SEC.7.
Chapter 9.4. Mediation
IC 31-15-9.4-1
Factors in determination
Sec. 1. Whenever the court issues an order under this article, other
than an ex parte order, the court shall determine whether the
proceeding should be referred to mediation. In making this
determination, the court shall consider:
(1) the ability of the parties to pay for the mediation services;
and
(2) whether mediation is appropriate in helping the parties
resolve their disputes.
As added by P.L.199-1997, SEC.1.
IC 31-15-9.4-2
Docketing; extension; report
Sec. 2. When a case is ordered to mediation, the case shall be
placed on the court docket for final hearing. The mediation process
must be completed not later than sixty (60) days after the mediation
order is entered. However, the sixty (60) day period may be extended
by the court upon the court's own motion, upon agreement of the
parties, or upon the recommendation of the mediator, but may not be
extended beyond the date set for final hearing. Upon completion of
the mediation process, the mediator shall promptly file the mediation
report.
As added by P.L.199-1997, SEC.1.
Chapter 10. Costs and Attorney's Fees
IC 31-15-10-1
Costs and attorney's fees; order for direct payment to attorney
Sec. 1. (a) The court periodically may order a party to pay a
reasonable amount for the cost to the other party of maintaining or
defending any proceeding under this article and for attorney's fees
and mediation services, including amounts for legal services
provided and costs incurred before the commencement of the
proceedings or after entry of judgment.
(b) The court may order the amount to be paid directly to the
attorney, who may enforce the order in the attorney's name.
As added by P.L.1-1997, SEC.7. Amended by P.L.199-1997, SEC.4.
IC 31-15-10-2
Exemption for agencies
Sec. 2. Neither costs or attorney fees may be taxed against an
agency, or the agency's agents, that is authorized to maintain
proceedings under this article by Title IV-D of the federal Social
Security Act (42 U.S.C. 651 through 669) and IC 31-25-4-17.
As added by P.L.1-1997, SEC.7. Amended by P.L.145-2006,
SEC.231.
(Make sure to consult a lawyer or check your local laws for any changes.)
Indiana Divorce Laws
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