When your family is going through a difficult transition, you need an attorney who listens, understands, and acts decisively on your behalf. At Stidham Legal, we handle every family law matter with the care and attention it deserves, while advocating firmly for your rights and the well-being of your children.
Indiana family law involves a complex set of statutes and guidelines that govern everything from how property is divided in a divorce to how custody and support are determined. Our team stays current on developments in Indiana family law so you can feel confident that your case is being handled with the knowledge and skill it requires.
Family Law Services
We represent clients in a full range of family law matters throughout Indiana.
Divorce & Dissolution
We guide you through every stage of the dissolution process, from filing the petition through final settlement, with a focus on achieving fair outcomes for property division, spousal maintenance, and debt allocation.
Child Custody
We advocate for custody arrangements that serve your child's best interests while protecting your parental rights. We handle both legal custody (decision-making) and physical custody (where the child lives) disputes.
Child Support
Indiana uses an income-shares model to calculate child support. We ensure that calculations are accurate and fair, and represent clients seeking to establish, modify, or enforce support orders.
Paternity
Establishing paternity is essential for fathers seeking custody or parenting time rights in Indiana. We help fathers and mothers navigate paternity actions and the rights that follow.
Adoption
Whether you are pursuing a stepparent adoption, agency adoption, or private placement, we handle the legal requirements to help grow your family, including consent, home studies, and court proceedings.
Protective Orders
If you or your children are in danger, we can help you seek an order of protection. We also defend clients who have been wrongly accused and face protective order proceedings.
The Indiana Divorce Process
Understanding the legal framework helps you prepare for what lies ahead.
Residency & Filing Requirements
To file for divorce in Indiana, at least one spouse must have been a resident of the state for six months and a resident of the county where the petition is filed for at least three months. Indiana is a no-fault divorce state, meaning the most common ground for dissolution is the "irretrievable breakdown" of the marriage.
The 60-Day Waiting Period
Indiana law requires a minimum 60-day waiting period from the date the petition is filed before a divorce can be finalized. This is designed to allow time for consideration, but the actual timeline depends on the complexity of the case and whether the parties can reach agreement on key issues.
Property Division
Indiana follows the principle of equitable distribution when dividing marital property. The court begins with a presumption that an equal division is just and reasonable, but may deviate based on several factors, including each spouse's economic circumstances, the conduct of the parties, and contributions to the acquisition of property. Assets acquired during the marriage are generally considered marital property, though the court considers all assets owned by either party.
Spousal Maintenance
Unlike many states, Indiana has limited spousal maintenance (alimony). The court may award maintenance if a spouse is physically or mentally incapacitated, is the caregiver for a child who is physically or mentally incapacitated, or needs rehabilitative maintenance for up to three years to complete education or training to become self-supporting.
Child Custody in Indiana
Best Interests of the Child
Indiana courts make all custody decisions based on the "best interests of the child" standard. Factors the court considers include the age and sex of the child, the wishes of the parents and child, the child's adjustment to home, school, and community, the mental and physical health of all individuals involved, and evidence of domestic violence or substance abuse.
Legal vs. Physical Custody
Legal custody refers to the right to make major decisions about your child's upbringing, including education, healthcare, and religious training. Physical custody determines where the child primarily resides. Indiana courts may award joint legal custody (shared decision-making) even when one parent has primary physical custody.
Indiana Parenting Time Guidelines
Indiana has established Parenting Time Guidelines that provide a framework for visitation schedules. These guidelines address regular parenting time, holiday schedules, vacation time, and special circumstances. While the guidelines serve as a starting point, the court can modify arrangements to fit the specific needs of each family.
Child Support Guidelines
Indiana calculates child support using an income-shares model that considers both parents' incomes, the cost of health insurance, daycare expenses, and the number of overnights each parent has. Support orders can be modified when there is a substantial and continuing change in circumstances, typically defined as a change of at least 20% in the calculated support amount or at least 12 months since the last order.