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Based upon Indiana law, the shortest length of time a divorce can take place in is sixty (60) days. Most divorces will take longer than sixty (60) days, as it takes time to gather information concerning the assets and debts of the marriage. If child custody is in dispute, the process can be quite lengthy, sometimes taking up to a year or more.
There are several types of custody. Physical custody refers to where the child actually lives on a day-to-day basis. Legal custody refers to the power to make decisions for the child regarding issues related to education, health care, and religion. These two types of custody can be combined in different ways: (a) the parties can share joint physical and legal custody of the children, which means that the children spend equal time at each of the parent's home, and the parents still consult one another when making decisions about education, health care, and religion for the children; (b) one party can have physical custody of the child, with both parties sharing joint legal custody, which means the child continues to live with one of the parents, but the parents still consult each other and make joint decisions with regard to education, health care and religion; (c) one party can have physical and legal custody of the child, which means the child lives with that parent and that parent makes all of the decisions concerning education, health care, and religion.
No. Indiana is what is considered a "no-fault" divorce state. This means that in order to get a divorce in this state, you do not have to prove to the court that either the husband or the wife is to blame for the breakdown of the marriage. Therefore, terms such as "abandonment" are no longer used.
In Indiana, visitation is called "parenting time." The type of parenting time a non-custodial parent will have is generally governed by the Indiana Parenting Time Guidelines, as prepared by the Indiana Supreme Court. The parties are not bound by these guidelines, but are free to arrange any type of parenting time arrangement that works for their specific situation. However, if the parties cannot agree on a parenting time arrangement, the court will generally follow the Indiana Parenting Time Guidelines.
Not necessarily. Many divorces are settled between the parties without going to court. Sometimes, either some or all of the issues cannot be resolved between the parties and their attorneys. When this happens, a court hearing will be scheduled, and testimony will be presented to a judge so that a decision can be made with regards to the issues the parties could not work out.
When custody is in dispute between the parties, a custodial evaluator is usually appointed by the judge. A custodial evaluator is a person who is either a social worker or a psychologist who interviews the parties, the children, and any other relevant witnesses. Once the evaluation is complete, a report is put together and submitted to the judge for review. The judge will use this evaluation report to help make a determination as to where the children should live, in addition to other evidence that the parties present.
Child support is money paid by a non-custodial parent to the custodial parent on a weekly basis. Child support is a formula created by the Indiana Supreme Court called the Indiana Child Support Guidelines, and is based on each of the party's weekly gross incomes, and thus the amount varies from case to case based on incomes and the number of children. Credits can be given if either party has children from other relationships, for regular visitation and for maintenance and health insurance which is paid for by one of the parties. In addition, if the parent who pays support has the children for parenting time for seven (7) days or longer, a 50% reduction in their support obligation can occur during that week. By law, child support is paid by way of an Income Withholding Order. This means that the child support amount is withheld from the support payer's paycheck, deposited into the Lake County Clerk's Office, and is then forwarded to the custodial parent.
Yes. Parents, regardless of their custodial standing, are entitled to have full access to their child's school and medical records, unless otherwise ordered by a court. Sometimes schools and/or medical practitioners are hesitant in giving information to a non-custodial parent, and generally a quick telephone call from that parent's attorney will resolve the situation.
The cost of a divorce will vary in each situation. The more the parties disagree, especially with regards to child custody, the more a divorce can cost. If there are complex assets and or debts, or issues that need more involved investigation, that will effect the cost of the divorce. Other expenses involved may be the cost of a custodial evaluation, home appraisals, pension evaluations, and other expert opinions as to asset values.
Pursuant to the Rules of Professional Conduct, that attorney's must follow, one attorney cannot represent both parties in a divorce action. It is not required that you have your own attorney to represent you in a divorce action, and it is possible for one attorney to draft a final settlement agreement for both parties to sign. Be aware, that an attorney's job is merely to protect the interest of their own client, and is not with the party without counsel. It is your choice whether or not you hire your own attorney, but it is strongly recommended that you do.