The divorce procedure is carried out through the court, either if there is any family dispute, for example, about the property, or through the registry office (if there are no minor children).
One of the most controversial and “sick” issues during a divorce is the amount of alimony. As a rule, the court leaves the child with the separation of the mother and assigns payment of money for the maintenance of children from her husband.
The calculation of alimony is individual and is calculated in different ways. Note that since 2013 in Indiana, the representative of the child has the full right to receive maintenance after the age of 18, if the child continues to study full-time at the university or college. The number of children primarily affects the amount of child support. One child is entitled to 25% of the monthly salary and other income of the parent living separately from him. If there are two children, the interest rate increases to 33% and three or more children will receive the maximum percentage of the salary – 50%.
The deductions for the maintenance of minor children are paid once a month, and advance payments are not provided. Alimony per child in 2014 is governed by article 109 of the Family Code of Indiana law. Unfortunately, not every parent is a bona fide payer. In this regard, the court may order to either pay a fixed amount, or withhold a percentage of the salary, plus a set amount of money. The size of payments is indexed as the size of the minimum wage is increased.
To begin the divorce process correctly in Indiana, you need to collect all the necessary documents for this, make a statement of claim, and to confirm your rights to jointly acquired property, and you should always contact a lawyer for advice. It will cost an average of about 2,000 dollars. In severe cases, when you have to divide a large amount of real estate, prices are higher. Representation in court may cost from one thousand dollars.
In general, a divorce in Indiana rarely goes without a lawsuit. At the same time, some questions are often asked at the beginning of the divorce procedure.
Following Art. 10 of the Family Code of Indiana state, the rights and obligations of life partners emerging from the day of state enlistment of marriage in people in general vault office. This property obtained by the life partners amid the wedding. The idea of marriage is thorough, and the possibility of “real marriage” isn’t contained in the enactment of the Indiana state. Apparently, in court, you can demonstrate the reality of real conjugal relations and perceive property together procured. Nevertheless, this is an amazingly unpredictable and protracted process, requiring the support of expert legal counselors.
It concerns the division of property amid a separation through the court, following section 3 of Art. Thirty-eight of the Family Code of Indiana, the division of property in a legal request happens within sight of a debate between the life partners. On account of the division of the standard feature of the mates through the court, in line with the life partners, it tends to be resolved which possession will be exchanged to every one of the mates.
If the property doled out to one of the life partners surpasses the estimation of the property exchanged to the next mate, the court will grant one of the mates to pay remuneration in the measure of the distinction in the opinion of the property. In the meantime, things obtained for kids are not exposed to division, just as elements of individual utilize like garments, shoes, gems, and so on. The individual cases are extravagance things, for example, flowers or valuable hide. Accordingly, amid the separation and division of property, everything of the kid, for example, toys, garments, shoes, school supplies, books, PCs, melodic instruments, money stores opened in the youngster’s name and being his property, are exchanged to the mate with whom the kid will live.
To better clarify the situation, let’s look at a few specific examples. So, a typical case – the former husband wants to instill his new wife in a non-privatized apartment without the consent of the previous life partner. As a matter of first importance, it is essential to figure out what a non-privatized loft is. This lodging gave to subjects of the state or city lodging stock, generally speaking, has a place either with the state or to the neighborhood organization following Art. Sixty-seven of the Housing Code of Indiana express, the inhabitant of the house has the privilege to ingrain in the home of different people, to permit the habitation of transitory occupants. The business is the nation with whom the implicit agreement of work is finished up.
Under Art. 69 Housing Code of Indiana state, individuals from the group of the occupant of the living space under an implicit agreement of business has a square with rights and commitments with the inhabitant. Able and court-restricted individuals from the group of an inhabitant of a home under a social tenure contract are mutually and severally at risk with the occupant for commitments emerging from a human occupancy contract. Relatives of an occupant of abode under a social tenure understanding must be shown in the social tenure assertion of the house.
Thus, together with the employer, regardless of who he is, husband or wife, all family members are indicated in the social contract. Following Art. 70 Housing Code of Indiana, the tenant of the dwelling can instill in the apartment of other persons, but this requires the written consent of all members of his family. Besides, the permission of the landlord, as a rule, the local administration is required. Accordingly, if the ex-husband married a second time and intended to instill a new wife in a non-privatized apartment, he will have to get not only the consent of all family members but also to obtain permission from the apartment owner. Otherwise, the check-in will be illegal and can be challenged in court.
Besides, it should be noted that getting permission to register and introduce a new wife is not an easy task and, most likely, a refusal will be received. This is primarily since there is a specific accounting rate of living space per person, from which the apartment was provided. On the establishment of the norm of the provision of living space and accounting rate areas of residential premises in the urban district of Indiana, the accounting rate of the city of residential premises is set at:
11.0 square meters of total living space per person for those living in separate apartments;
13.0 square meters of entire living space per person for those living in apartments of communal settlement.
If at the introduction of a new tenant, this accounting rate per person becomes less than it should be, this will be the basis for recognizing citizens in need of improved housing conditions and queuing for housing under a social contract.
The situation in the USA as a whole, and Indiana state, in particular, is such that thousands of families stand in line and wait for the improvement of living conditions for more than one year. In such a situation it is simply unprofitable for the administration to allow new people to move into a non-privatized apartment.
Another frequent example: after a divorce from his wife by court order, her husband received a half share in a one-room apartment. Does he have the right to sell it? Yes, following Art. Two hundred forty-six of the Civil Code of Indiana state, a participant in shared ownership, has the right, at his discretion, to sell, donate, bequeath, pledge his share or dispose of it otherwise.
According to Art. Two hundred forty-seven of the Civil Code of Indiana state, as a participant in shared ownership, 1/2 of the shares in an apartment can be disposed of at your discretion – it can be sold, donated, bequeathed, etc.
The owner has the right to reside in the studio, in case the second owner makes accommodation or accommodation impossible, it can be obliged not to obstruct the court, also through the court, the procedure for using the apartment can be determined. Besides, it should be noted that following Art. Two hundred fifty of the Civil Code of Indiana state, when a share in an apartment is sold to an outsider, the second owner, that is, the former spouse will have the preemptive right to purchase. For the transaction not to be challenged, it is necessary to send to the second owner a notice of intention to sell his share, in which it is required to indicate the price and other conditions. The announcement is best sent by mail, by registered letter with acknowledgment of receipt. If within a month the second owner does not express a desire to buy out a share or refuse to buy, then it can be sold to any person.