Get the Answers You Need for Your Legal Questions

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 issue is unique, we recommend discussing your case with our legal team before making any decisions. Below are some of the most common questions we receive. It's essential to know your case may be different. Contact us today for help.

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

    Under Indiana law, the parties to a divorce proceeding must wait for a minimum of 60 days from when you file the petition for the dissolution of marriage before the court can grant a divorce. Once the 60-day waiting period expires, the court can grant a divorce when the parties have reached an agreement and submitted it to the court for its approval or scheduled a final hearing with the court on the divorce petition.

  • Does it matter who files first?

    Legally there is no advantage to the party who first files for divorce. As a practical matter, there can be some advantages to filing first. 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 determined by the judge.

  • Can my spouse and I use the same attorney?

    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 the issues, those being custody, visitation, support, and division of assets, an attorney representing one of the parties can prepare a contract 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 or advise the unrepresented party as to whether any agreement they have reached is in that unrepresented party's best interest.

  • If my spouse and I have reached an agreement on all the issues in our divorce, do we still have to appear in court?

    Under Indiana law, if the parties have reached an agreement that has been 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 if both parties have agreed to waive their right to appear in court. If you have any doubts or concerns about a settlement agreement, you should consult with our attorney.

  • How is child support calculated?

    All Indiana courts use the Indiana Child Support Guidelines, which the Indiana Supreme Court created 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. It considers other factors such as work-related childcare 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. 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 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 ordered by the court.

  • Can my child support obligation be taken out of my paycheck?

    Yes. The court can enter an income withholding order, which is an order directed to the employer to withhold the amount of support from the paycheck 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 regarding whether support has been paid. The courts usually consider the clerk's record the official record of the support payment.

  • What is considered minimum visitation under Indiana law?

    Indiana law has incorporated a minimum visitation schedule under the Indiana Parenting Time Guidelines. Access these guidelines through the link on our webpage. Those guidelines set out a 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 approved by a court and included in a court order.

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