Q: Who gets custody of the children?

A: The judge will decide who will retain custody of the children while the divorce process is pending. The judge will issue an order at the the end of the dirvoce proceedings as to which spouse shall retain permanent custody.

Q: Will the court address who should pay for health insurance while the divorce is pending?

A: Often, an attorney will request that the court order the spouse who has health insurance at the time the dissolution is filed to continue to maintain health insurance while the divorce is pending.

Q: How does the judge determine which spouse is granted custody of our children and how much child support the non-custodial spouse will have to pay?

A: In making child custody and support determinations, Indiana courts look to the Indiana Parenting Time Guidelines and the Indiana Support Guidelines. A court's ultimate decision is a very fact-sensitive determination and so we encourage you to contact us today to discuss your rights and responsibilities under these guidelines.

Q: Who gets the house while a divorce is pending?

A: Absent an agreement, the judge will decide who lives in the house while the divorce case is still on-going. This decision is based, in part, on which spouse earns more money and who is retaining custody of the children. This issue is one of many that our attorneys address with clients in great detail.

Q: Are there any specific reasons that must serve as the basis for a divorce?

A: No. Indiana is a “no-fault” state, which means that either spouse may seek a divorce (technically called a “dissolution”) with or without the consent of his/her partner, and that no “grounds for divorce,” such as adultery or mental cruelty, are required. The only requirement is that the marriage be irretrievably broken. While the courts may delay granting a dissolution until all issues of property division, custody and support are resolved, the dissolution will be granted, unless the filing spouse withdraws the petition

Q: How long does the divorce process take?

A: Once the initial Petition for Dissolution of Marriage is filed, there is a 60 day waiting period before a court may grant the dissolution. If the couple has children, they will be ordered by the court to undergo special counseling prior to the granting of the dissolution. During the waiting period, the estranged couple should do their best to resolve all property division issues and make responsible decisions regarding child custody and equitable child support. If the couple can agree on these issues, the court will grant the dissolution. However, if issues are still unresolved at the end of the 60 day waiting period, and if either spouse wishes to proceed with the dissolution, the court will make decisions for the couple based on the evidence at a hearing and what it finds is equitable.