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Indiana Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law and Real Estate Law for Indiana on
Q: Am I entitled to half of the house equity after my name was removed from the deed post-marriage?

I am going through a divorce and have questions about the equity in our home. The house was purchased after our marriage with my spouse putting down 20%. Three years after the purchase, my spouse removed my name from the deed through a quit claim deed, which I felt was manipulated. We have one... View More

James L. Arrasmith
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answered on May 15, 2025

This is a painful and complicated situation, and you're right to question how the house equity should be handled. Even if your name was removed from the deed, that doesn’t automatically mean you gave up your marital interest in the home. If the house was purchased during the marriage—even... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Indiana on
Q: Can I request a paternity test for an 11-year-old child during divorce in Indiana?

I am currently going through a divorce with my child's mother. I've discovered that my wife's ex-husband, who the child lives with, never completed a paternity test when she was born, despite being informed there was a possibility that the child might be mine. Given that the child is... View More

James L. Arrasmith
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answered on May 14, 2025

You're facing an emotional and complicated situation, especially given the age of the child and the uncertainty that’s followed you for years. In Indiana, it is possible to request a paternity test even after many years, but the court will consider several factors before allowing... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Indiana on
Q: Will my pre-marriage assets be used for husband's memory care?

My husband and I both have prenuptial agreements, and we have been married for about three years. We have not combined any assets or accounts, nor do we have shared properties acquired after marriage. If my husband goes into a memory care facility, will my assets from before the marriage be used to... View More

James L. Arrasmith
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answered on May 15, 2025

Your concern is completely understandable, especially when dealing with something as personal and emotional as a spouse’s long-term care. If you have a valid prenuptial agreement and have kept your assets completely separate—including accounts, property, and financial activity—that offers... View More

1 Answer | Asked in Domestic Violence and Family Law for Indiana on
Q: Can a parent charged with domestic battery have contact with minor victims despite a modified order for adult therapy sessions in Indiana?

I want to know if a parent who has been arrested and charged with domestic battery offenses—specifically 35-42-2-1.3(a)(1)/MA: Domestic Battery, 35-42-2-1.3(a)(1)/F6: Domestic Battery with a prior conviction, and 35-42-2-1.3(a)(1)/F6: Domestic Battery committed in the presence of a child under... View More

James L. Arrasmith
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answered on May 15, 2025

What you're asking about is very serious, and it's good that you're being cautious. If there is a court order that prohibits all contact—direct or indirect—with the minor victims, then that order stands, even if the adult victim’s order has been modified. The court treats... View More

1 Answer | Asked in Domestic Violence, Child Custody, Child Support, Employment Law, DUI / DWI and Family Law for Indiana on
Q: Worried about custody after no-contact order ends with husband (IN)

I'm concerned about what to do after a 10-day no-contact order with my husband ends, as I fear he might try to take our young daughter out of the house. He previously attempted to drag me out of the car while our toddler watched. I haven't filed for custody or a protection order yet, but... View More

James L. Arrasmith
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answered on May 14, 2025

vYour safety and your child’s well-being come first, so it’s important to act quickly and thoughtfully. If you fear that your husband may try to take your daughter or put her in danger after the no-contact order ends, you should strongly consider filing for a protection order that includes both... View More

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Indiana on
Q: Can my estranged wife claim my new home after separation?

I was married to my wife for 2 years, and I left almost 2 years ago. We have not legally separated or initiated divorce proceedings. During our marriage, we did not have joint finances or property, and I bought a new home in Indiana using only my personal income, which was in my girlfriend's... View More

James L. Arrasmith
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answered on May 15, 2025

You're in a complicated place, and it’s understandable to want to protect what you’ve worked for. In Indiana, property acquired during a marriage—regardless of whose name it's in or who paid for it—is generally considered part of the marital estate until a divorce is finalized.... View More

1 Answer | Asked in Divorce, Domestic Violence, Child Custody and Family Law for Indiana on
Q: Need a no contact order during divorce in Indiana with child involved

I am currently going through a divorce, and I have served papers but haven't signed or agreed to anything yet. I need a no contact order because the other party is making threats and communicating disrespectfully toward me. There have been verbal abuse and threats via calls and text messages.... View More

James L. Arrasmith
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answered on May 15, 2025

You're doing the right thing by looking out for your safety and the well-being of your child. In Indiana, you can request a no contact order—also known as a protective order—if you’re experiencing threats, harassment, or abuse during a divorce. Verbal threats and abusive messages,... View More

1 Answer | Asked in Adoption, Estate Planning, Probate and Family Law for Indiana on
Q: How can I obtain my adoption records and documents for annuities and wills in Indiana?

I was adopted in Indiana and need to obtain my adoption records and family history information for identification purposes and potential filings. I have no existing documentation regarding my adoption. Additionally, I am seeking guidance on what documents I should acquire to demonstrate annuities... View More

James L. Arrasmith
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answered on May 14, 2025

You're dealing with a deeply personal and complex process, and it's completely understandable to want answers and clarity—especially when it involves your identity, family, and possible inheritance. In Indiana, adoption records are typically sealed, but adult adoptees can request access... View More

1 Answer | Asked in Probate, Family Law and Real Estate Law for Indiana on
Q: Who owns property after husband's death in Indiana with no will?

My husband purchased property six months before I moved in with him in 2010. I moved in 2011, and we married in 2013. He never added my name to the deed, but his daughter assured me of his wishes. He passed away in November 2023 with no will, and it was stated I could live here until I died or... View More

James L. Arrasmith
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answered on May 15, 2025

You’re in a very difficult and uncertain situation, especially after the loss of both your husband and his daughter. In Indiana, when someone dies without a will, their estate passes through intestate succession laws. Because your husband bought the property before you were married and never... View More

2 Answers | Asked in Medical Malpractice, Civil Rights, Divorce, Personal Injury and Family Law for Indiana on
Q: Can I sue for non-consented family translation for a schizophrenia patient?

I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More

Charles Candiano
Charles Candiano
answered on Apr 21, 2025

You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More

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1 Answer | Asked in Child Custody, Family Law and Gov & Administrative Law for Indiana on
Q: Why attend a detention hearing in Indiana after children removed?

Why am I required to attend a detention court hearing in Indiana? My children were removed from a cousin's care following an incident where my cousin pulled a starter pistol on my 13-year-old and then made false accusations against me. My daughter is now in a diagnostic facility. What can I... View More

James L. Arrasmith
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answered on May 15, 2025

You're being asked to attend a detention hearing in Indiana because the court is legally required to review any emergency removal of children from their home or caregiver. This hearing is the first chance for a judge to hear why your children were taken and decide whether they should stay in... View More

1 Answer | Asked in Family Law and Probate for Indiana on
Q: Daughter's rights to deceased mother's will in Indiana.

I am the daughter of a deceased mother who resided in Indiana and owned property. Her will was not formally admitted to probate court, and I was not informed of her death by my brothers, who are not responding to my communications. My brother is the executor of the will, and I have been estranged... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have the legal right to access your mother’s will and to be informed of any probate proceedings involving her estate. In Indiana, if a will exists and the estate includes property, it must be submitted to probate within a reasonable time after death—typically within three years. If your... View More

2 Answers | Asked in Immigration Law, Adoption and Family Law for Indiana on
Q: Can I apply for family reunification for my adopted daughter from Congo after becoming a U.S. citizen?

I am an immigrant who became a U.S. citizen a year ago, and I have an adopted daughter in Congo. There is a valid adoption judgment issued according to Congolese law. I would like to know if I can apply for family reunification to bring her to the United States. The reunification procedure has not... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 14, 2025

A US Citizen can sponsor his adopted child under 21 as long as the adoption, where performed, is recognized as a legal adoption.

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1 Answer | Asked in Child Custody and Family Law for Indiana on
Q: Can I stop my coparent's wife from attending our kids' appointments despite joint custody?

I share joint legal custody of my children with my coparent, and we had a verbal agreement that only he or I would attend our children's appointments unless it's an emergency. However, my coparent insists on bringing his wife to these appointments, which I feel is invasive and... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s understandable that you’re feeling uncomfortable, especially when there was a verbal agreement in place. But because your custody agreement doesn’t limit who can attend your children’s appointments, there’s currently no legal ground to prevent your co-parent’s wife from being... View More

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Indiana on
Q: Can I press charges for unauthorized recordings during visitations in Indiana?

I'm currently involved in a contentious custody battle regarding my 8-year-old son, for whom I only have 3 hours of visitation every Saturday in Indiana. I've discovered an audio recorder in my son's backpack that was used to record our visits, which his mother denies initiating,... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Indiana, it is illegal to record someone without their consent in most situations, including private conversations like those during your visitation. However, Indiana is a "one-party consent" state, which means that if one party to the conversation is aware of the recording, it may not... View More

2 Answers | Asked in Criminal Law, Child Custody and Family Law for Indiana on
Q: Facing Level 6 felony charges for alleged kidnapping despite having permission proof from custodial parent.

I am facing accusations of kidnapping and have been charged with two Level 6 felonies because someone claims I took my daughter across state lines without permission. However, I have Facebook messages proving I had permission from my daughter's custodial parent to take her. How should I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 31, 2025

Make sure you take screenshots of the FB messages so they are not deleted or lost. You should also hire an attorney or request a public defender and give then the FB messages.

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1 Answer | Asked in Juvenile Law and Family Law for Indiana on
Q: How can a 17-year-old minor in Indiana obtain legal forms for emancipation due to neglect?

I am a school employee assisting a 17-year-old minor in Indiana who is seeking emancipation due to neglect and being required to babysit full-time. She plans to move in with her older sister, who is aware of the situation and can support her financially, while the minor looks for employment after... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Indiana, a 17-year-old minor can petition the court for emancipation if they can prove that they are capable of supporting themselves and managing their own affairs. To begin the process, the minor will need to file a petition for emancipation in the local juvenile court. The petition should... View More

1 Answer | Asked in Child Support and Family Law for Indiana on
Q: Can I pursue back child support for my 2 children in Indiana?

I have two children, ages 2 and 3, and I want to know if I can pursue back support for them in Indiana. Their father has been uninvolved by his choice, and we have been separated for almost 6 months. I haven't requested court involvement yet, and am struggling financially due to his lack of... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, you can pursue back child support in Indiana, but only after you officially open a child support case with the court or the local child support enforcement agency. Indiana does allow retroactive child support, but it typically only goes back to the date you file—not the entire time... View More

1 Answer | Asked in Divorce and Family Law for Indiana on
Q: Do I need an attorney to review divorce decree if both agree on asset and debt division?

I am going through a divorce where both parties are in agreement. We have agreed that the house, which is in my name as the petitioner, will remain with me, and the respondent has also decided to retain her debt. There are no children involved and no spousal support being discussed. Does an... View More

James L. Arrasmith
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answered on Apr 13, 2025

Even though you and your spouse are in agreement on asset and debt division, it’s still a good idea to have an attorney review the divorce decree. An attorney can ensure that the terms of the agreement are clear, legally sound, and properly documented. Sometimes, even minor details can be missed,... View More

1 Answer | Asked in Family Law for Indiana on
Q: Can siblings-in-law legally marry in Indiana?

In my hypothetical situation, there are two pairs of siblings: an older brother (John) and younger brother (Jacob), from one family, and an older sister (Natalie) and younger sister (Michelle) from another. When John and Natalie get married, do Jacob and Michelle become brother and sister-in-law?... View More

James L. Arrasmith
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answered on Apr 13, 2025

In your hypothetical scenario, when John and Natalie marry, Jacob and Michelle would indeed become brother and sister-in-law. This is because, through their siblings' marriage, they are legally related as in-laws.

Regarding whether Jacob and Michelle can marry in Indiana, the law does...
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