Indiana Famiy Law

Indiana laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Indiana Title 31, Article 15
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. No-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment IC 31-17-7-2
i. Periera and Van Camp in CA
b. Property distribution factors IC 31-17-7-2
4. Legal separation? Yes
a. Waiting period/Separation period 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.
5. Is mediation required 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.
6. Forms used Forms
7. Alimony guidelines and factors No specific guidelines, but equal lifestyles is considered.
Alimony formula None
a. Types
b. Term Limits Limited to 3 years unless ill or disabled.   Does not terminate on remarriage automatically, recipient has burden to prove extraordinary circumstances exist which necessitate continuation of alimony.
Cohabitation "Change in circumstances may result in modification or revocation of order IN ST 31-15-7-3"
c. Imputing income
d. Change in circumstances
e. Ceases on retirement
Impute income on early retirement In re Marriage of Lang, 668 N.E.2d 285 (Ind. Ct. App. 1996)
Early retirement for health reasons is involuntary
f. Definition of income Income Definition
8. Child support factors and guidelines Child Support Factor & Guidelines
9. Child support calculator Child Support Calculator
10. Lump Sum  Support allowed?
11. Valuation
a. Valuation date Complaint
b. Goodwill divisibility Personal goodwill is not divisible.  Enterprise goodwill is divisible. - Yoon v. Yoon, 711 N.E.2d 1265 (Ind. 1999)
c. Standard of value Fair Value
d. Discounts Yes - Frazier  v Frazier
e. Shareholder/partner agreements
 12. Double dip  Impermissible double dip
 a. Stock options  (3) For purposes of distribution of property under this Section, all stock options and restricted stock or similar form of benefit granted to either spouse after the marriage and before a judgment of dissolution of marriage or legal separation or declaration of invalidity of marriage, whether vested or non-vested or whether their value is ascertainable, are presumed to be marital property. This presumption of marital property is overcome by a showing that the stock options or restricted stock or similar form of benefit were acquired by a method listed in subsection (a) of this Section. The court shall allocate stock options and restricted stock or similar form of benefit between the parties at the time of the judgment of dissolution of marriage or declaration of invalidity of marriage recognizing that the value of the stock options and restricted stock or similar form of benefit may not be then determinable and that the actual division of the options may not occur until a future date. In making the allocation between the parties, the court shall consider, in addition to the factors set forth in subsection (d) of this Section, the following:  
 b. Retirement accounts  
 c. Child support

Stock option and restricted stock or similar form of benefit including but not limited to the vesting schedule, whether the grant was for past, present, or future efforts, whether the grant is designed to promote future performance or employment, or any combination thereof.

 13. Key cases (ii) The length of time from the grant of the option 
 14. Premarital agreements  To the time the option is exercisable.
 15. Common law  "Parties may contract with regard to the modification or elimination of spousal maintenance IN ST 31-11-3-5" 


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