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.

When Should I Use An Income Withholding Order For Child Support?

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.

What Is Primary Physical Custody?

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.

What Is Legal Custody?

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.

What Is Parenting Time, And What Are The Guidelines?

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.

What Alternatives Are There To Guardianship

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.

How Are Forms Filed With The Court?

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

Helpful Resources and Tools

Indiana Child Support Calculator
Indiana Parenting Time Calendar
Indiana Parenting Guidelines
Income Withholding for Support Checklist
Filing Fee Frequently Asked Questions
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Representing yourself in court should not be taken lightly, and there are many reasons why hiring an attorney is a good idea. We suggest that even if you use the forms provided on this site that you still talk to an attorney before submitting the forms to a court to get the best result possible. Using the forms and legal information on this site does not make you a client of the Indiana Bar Foundation (Foundation) nor does the Foundation accept responsibility or liability for action taken by users of this information. Communication with Indiana Legal Help or the Foundation is not protected by attorney client privilege or the work product doctrine—that means information shared with Indiana Legal Help or the Foundation may be admissible in court.