200 Ferry Street, Suite M

Lafayette, IN | 765-423-2651

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The Law Offices of Marcel Katz provides outstanding service to clients for many legal matters. You can expect aggressive legal service as we work to protect your rights. Since every legal matter is unique, we recommend discussing your case with our legal team before making any decisions.

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When you have questions, call us. Our experienced legal team is happy to help you.

Below are some of the most common questions we receive. Its important to know your case may be different. Discuss it with

us today.

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Divorce

 

Q: How long does it take to get a divorce in Indiana?

 

A: Under Indiana law, the parties to a divorce proceeding must wait a minimum of 60 days from the time the petition for dissolution of their marriage is filed before the divorce can be granted. Once the 60 day waiting period has expired, the court can grant a divorce at any time the parties have either reached an agreement and submitted it to the court for its approval or scheduled a final hearing with the court on the

divorce petition.

 

Q: Does it matter who files first?

 

A: Legally there is no advantage to the party who first files for divorce. As a practical matter, there can be some advantage to filing first in that there are several courts in Tippecanoe County, for instance that can hear divorce cases and the person who files first can choose the court in which their divorce proceeding is filed. However, who files first is not a fact for the court’s consideration and any issues that have to be determined by the Judge.

 

 

Q: Can my spouse, and I use the same attorney?

 

A: The Indiana Rules of Professional Conduct, or Ethics Rules, prohibit an attorney from representing more than one party in a divorce proceeding. However, if both parties in a divorce proceeding have reached an agreement on all of the issues, those being custody, visitation, support and division of assets, an attorney representing one of the parties can prepare an agreement for both parties to sign and submit to the court. The unrepresented party would, in effect, be representing themselves. Further, the attorney could not give legal advice to the unrepresented party nor can that attorney advise the unrepresented party as to whether any agreement that they have reached is in that unrepresented party’s best interest.

If you have any doubt or concerns about a settlement agreement, you should consult with your own attorney.

 

 

Q: If my spouse and I have reached an agreement on all of the issues in our divorce, do we still have to appear in Court?

 

A: Under Indiana law, if the parties have reached an agreement which is reduced to writing in a settlement agreement, that settlement agreement along with a written waiver of their right to appear in court, can be submitted to the court for a Judge’s approval without either party having to physically appear in court. The court can and usually does approve those agreements and grant a divorce without either party appearing as long as both parties have agreed to waive their right to appear in court.

 

Child Support

 

Q: How is child support calculated?

 

A: All Indiana courts use the Indiana Child Support Guidelines, which were created by the Indiana Supreme Court to determine the amount of child support to be paid in any divorce or paternity case. Under the guidelines, child support is based on each parent’s gross weekly income and takes into account other factors such as work related child care expenses, health insurance premiums for the child(ren), whether the person obligated to pay support has other child support obligations, and whether there are any afterborn children. In addition, a significant component under a change in Indiana law is the amount of visitation exercised by the non-custodial parent measured by the number of overnights the child(ren) spends with the non-custodial parent. All of these factors are put into a child support worksheet which is then used, based on a fixed formula, to determine the amount of child support that can be ordered by the Court.

 

Q: Can my child support obligation be taken out of my paycheck?

 

A: Yes. The Court can enter an Income Withholding Order which is an order directed to the employer to withhold from your pay check the amount of support you are obligated to pay which is then paid to the county Clerk’s Office for forwarding to the custodial parent. The Clerk’s Office also maintains a record of the support paid in the event a dispute arises as to whether or not support has been paid. The courts usually consider the Clerk’s record the official record of support payment.

 

Visitation

 

Q: What is considered minimum visitation under Indiana law?

 

A: Indiana law has incorporated a minimum visitation schedule under the Indiana Parenting Time Guidelines. A copy of those guidelines can be accessed through the link in our webpage. Those guidelines set out minimum weekly, holiday and summer visitation times. The parties are free to make any other visitation arrangements they wish but they are not binding unless they are approved by a court and included in a

court order.

 

The answers to questions above are general answers to frequently asked questions. You are cautioned to consult with your attorney regarding the specific facts of your case and specific questions you may have. These answers are not intended as legal advice but simply a general statement of Indiana law and any questions as to the applicability of these principles to your specific situation should be directed to

your attorney.

Frequently asked questions

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