Divorce in Indiana-clarify all the issues
Nowadays divorce statistics are terrifying, registry offices and the courts accept statements about the dissolution of the marriage as if from a continuous conveyor belt. It is evident that some measures should be taken to reduce the number of divorces. Otherwise, the institution of marriage will face inevitable death. But now we will talk about what the spouses need to know.
Divorce in court
If children were born in a marriage or there are claims regarding the division of property, then a statement of claim is submitted to the court at the place of residence of the claimant.
The essential question is the section of the jointly acquired property. Recently, in Indiana State, the conclusion of a marriage contract providing for the division of property in case of divorce has become popular. If such an agreement is concluded, then issues, as a rule, are not foreseen.
Division of property during the process of dissolution of marriage
A completely different situation arises in the absence of a marriage contract. The basic principle is equality of shares. If the value of the transferred property exceeds the share due, then the amount of compensation (monetary or other) is calculated. Property donated by one of the spouses, for example, a car presented to you by your parents for a birthday, is not subject to division either. But this fact will have to be proved. For example, there is a case when a spouse indicated a precious ring in the list of things for which he claims. This ring he presented to his spouse during cohabitation. But his wife had already managed to give this ring to the eldest daughter. The court took into account the photo where the mother puts the ring on the daughter’s finger in the presence of both parents. After that, the court excluded this jewel from the list.
Please note that the section is subject exclusively to the property that is acquired in marriage. If your spouse had an apartment before marriage or a share in the business, then they are not subject to division. Apartments (cars) privatized or donated during the marriage period are also not subject to division. This also applies to property acquired during the period of separation. The proof will be documented on the acquisition of ownership.
Please note that the limitation period for the division of property is three years. In other words, before the expiration of three years, you can file a claim for reconsideration of the division of property.
There is one more thing in the separation of property: the debts of the spouses are also subject to termination (except for obligations on business, etc.).
If there is no marriage contract or property sharing agreement, the child does not receive ownership of the parents’ property.
Changing the family name after the divorce
Now regarding the change of the last name after the divorce. You can change your last name, or you can leave your husband’s last name. If you decide to change the name, then remember that you should also re-register all the documents: certificate of ownership, car rights, deposits and so on.
You can also change the last name of your children for your maiden name, but here the process is more complicated: you need to contact the guardianship and custody agency. Pay attention that the father’s consent is required to change the child’s last name, and if the child has reached the age of ten, his opinion must be taken into account.
Determining the place of residence of children
And the last, most important thing: with whom from parents will the child remain after the divorce. As a rule, if you do not agree otherwise, the court decides in favor of the mother. But at the same time pay attention that the court takes into account the opinion of the child if he is older than ten years. The following circumstances are weighty when a court makes a decision: the ability of each party to provide the child with normal housing conditions, psychological comfort, etc. (the situation in the family, the attitude of the mother or father to him, the size and regularity of earnings).
Assignment of child support for the maintenance of a child during a divorce
If the spouses previously agreed on the payment of alimony, the court shall appoint alimony in the specified amount. In the absence of such an arrangement, the amount of maintenance will be:
• for one child – one-quarter of the income,
• for two – one-third of the income of the spouse (former).
Alimony will be half of the parents’ salary if there are more children. Establishing maintenance in a certain amount is possible. The courts accept the claim at the place of residence of the applicant, and it can be filed along with the application for divorce, before or after submitting a divorce.
If the spouse does not execute the court decision, then you have the right to demand reimbursement of the entire amount, starting from the day of filing the statement of claim for the payment of maintenance.
Divorce in the registry office
If you do not have children, and the dissolution of the marriage occurs by mutual consent (including the division of property), the demise of the wedding takes place in the registry office at the site of residence of either of the spouses or the location of marriage registration.
The basis for divorce is the application of both spouses, and absentee application by correspondence is allowed. The use of only one of the spouses (as an exception) is accepted if the second is recognized as missing, damaged or sentenced to imprisonment for at least three years. Payment of state duty is mandatory, the amount of which is equal to two minimum wages.
Make sure that you know all the aspects of divorce or seek the help of advocacy. They will save your time and nerves.