Family Law Attorney Serving Madison County and Central Indiana

Indiana Family Law — What You Need to Know

Indiana family law cases are governed primarily by Title 31 of the Indiana Code. Whether you are going through a divorce, trying to establish a parenting plan, seeking to modify an existing custody order, or establishing paternity, understanding the legal framework helps you make informed decisions at every step. Hammond Legal works with clients in Madison County and the surrounding region to navigate these proceedings clearly and deliberately.

Divorce in Indiana

Indiana is a no-fault divorce state. Under IC 31-15-2-3, a court may dissolve a marriage on the ground that the marriage is "irretrievably broken" — meaning neither party has to prove the other did something wrong. Courts in Indiana can also consider fault in limited circumstances when dividing marital property, but the irretrievable breakdown ground is by far the most common basis for dissolution.

After filing a petition for dissolution of marriage, Indiana law imposes a mandatory 60-day waiting period before the divorce can be finalized. This period exists to give parties an opportunity to attempt reconciliation or negotiate a settlement. The court cannot enter a final decree during that window regardless of how quickly both sides might otherwise be ready to proceed.

Property division in Indiana is governed by IC 31-15-7, which establishes a presumption that the marital estate is divided equally. This presumption can be rebutted by evidence that an equal division would be unjust — for example, where one spouse made substantially greater economic contributions, or where there is a significant disparity in earning capacity. Courts consider factors including the contribution of each spouse to the acquisition of marital property, the economic circumstances of each spouse at the time the property is to become effective, the conduct of each spouse during the marriage as to the disposition of the property, and the earnings or earning ability of each spouse.

Custody and Parenting Time

Indiana courts determine custody and parenting time based on the best interests of the child, applying the multi-factor standard set out at IC 31-17-2-8. Relevant factors include:

• The age and sex of the child
• The wishes of the child's parents
• The wishes of the child, with more weight given as the child ages
• The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests
• The child's adjustment to the child's home, school, and community
• The mental and physical health of all individuals involved
• Evidence of a pattern of domestic or family violence
• Evidence that the child has been cared for by a de facto custodian

Indiana recognizes two components of custody: legal custody and physical custody. Legal custody refers to decision-making authority over education, healthcare, religious upbringing, and similar major life decisions. Physical custody — sometimes called parenting time — determines where the child primarily resides. Courts frequently award joint legal custody while designating a primary physical custodian, but arrangements are tailored to the facts of each case.

Indiana's Parenting Time Guidelines establish presumptive minimum parenting time for the non-custodial parent and serve as a starting point for courts unless the parties agree to something different or evidence supports a deviation. The Guidelines address regular weekly schedules, holidays, school breaks, and summer vacation.

Child Support

Indiana calculates child support using the Indiana Child Support Rules and Guidelines, an income-shares model that considers both parents' gross weekly income, the number of children, parenting time overnights, work-related childcare costs, health insurance premiums, and other extraordinary expenses. The underlying policy goal is to ensure that children benefit from the combined financial resources of both parents, approximating what would have been available if the family had remained intact.

Child support orders can be modified when there has been a substantial change in circumstances — typically defined as a change of at least 20% in the weekly support obligation, or a change resulting from changes in income, childcare costs, or health insurance. Modifications are not automatic; the requesting party must file a petition and demonstrate the change.

Relocation

When a parent with custody or parenting time intends to move — whether across town or out of state — Indiana's relocation statute (IC 31-17-2.2) requires advance written notice to the other parent and the court. The notice must be provided at least 90 days before the proposed relocation and must include specific information about the new address, move date, and reasons for the relocation. The non-relocating parent may file an objection, which triggers a hearing at which the court applies a best-interests standard. The relocating parent bears the burden of demonstrating that the relocation is made in good faith and for a legitimate reason.

Paternity

Establishing paternity creates legal rights and obligations for both the child and the father. In Indiana, paternity can be established voluntarily by executing a Paternity Affidavit at the hospital or later through the local health department, or it can be established through a court action. Once paternity is established, custody, parenting time, and child support can all be addressed in the same proceeding. Fathers who have not established legal paternity have no enforceable parenting rights — making formal establishment important for fathers who wish to maintain a relationship with their child.

Protective Orders

In situations involving domestic violence, harassment, or stalking, Indiana courts can issue protective orders under IC 34-26-5. An emergency protective order can be obtained on an ex parte basis — meaning without the other party present — and becomes effective immediately. A hearing is then scheduled within a few weeks where both parties can appear. Violation of a protective order is a criminal offense. Hammond Legal can assist with both obtaining and responding to protective order proceedings.

Frequently Asked Questions