Legal Question in Family Law in Indiana

Moving Out

My husband has filed for divorce in the middle of April. He is living with his parents. We have only been married for 2 years. When our marriage began I quit a full time job to work part time. He makes about 5 times my salary. I am having a hard time finding a job and he wants me and my daughter (from a previous marriage) to leave ''his house'' by July 1, which the divorce may well be final by then. Is the maintenance in IN so that I could reside there after the marriage is over?

Asked on 5/16/02, 12:43 pm

1 Answer from Attorneys

NiCale Rector Cohen & Malad, LLP

Re: Moving Out

You should hire an attorney immediately. Under Indiana Law you would be entitled to 1/2 the equity in the home. Just becaus he wants the home doesn't mean that he gets it. Additionally, if the divorce is not finalized by July and if you have not been ordered by the court to move from the home you are not obligated to do so as technically you still have a right to the home.

Indiana provides for spousal maintenance in some situations, to feel comfortable advising you that you would be entitled to spousal maintenance I would need to know more facts. You also are entitled to child support. He should be paying you child support now, however, if you have not requested it there is no order requiring him to do so.

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Answered on 5/16/02, 2:03 pm

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