Divorce in Indiana, or legal separations that are filed while both spouses are living in one home can present a specific problem that must be addressed by local authorities in certain cases. The courts may intervene when there is a dispute regarding who actually should stay in a residence or who actually controls the home. Certain information can impact this determination, including safety and welfare of any dependent children. Making a final decision is not always easy, and both spouses could have a valid claim to remain. Per divorce law in Indiana, the court commonly intervenes as a lawyer for kids to a major degree, since they are usually caught in the middle. Their safety typically takes particular priority over other concerns and living arrangements for the parents in most situations.
Property Legal Rights in Divorce in Indiana
When it comes to divorce in Indiana, the first case evaluation will be disposition of the residence and property. A rightful owner generally has the right to possess their property, and a spouse with no claim to the home may have difficulty retaining control of the dwelling. An order of removal from the court will be required, and the owner generally cannot be removed unless the court determines it is in the best interest of all parties for a temporary arrangement via a pendente lite court order until the divorce becomes final. This condition will be superseded when a permanent dissolution of the marriage is granted.
A spouse removal order could potentially be available in a rental residence case, but this ruling is usually based on the names listed on the lease agreement. Those who have signed the lease are typically still responsible for paying any due rent as well as any accrued bills during the term while the divorce agreement is being negotiated and finalized. If only one name is listed on a lease, the rental property is their residence and the opposing party must move out on their own accord. Landlords can also have input in these cases, and especially when they have a reason to evict either party regardless of marital status.
Dual Property Ownership
The real question of who must leave the home is when a married couple has purchased a home together and both have an equal claim. Neither spouse can be removed per se, and any change in living arrangements directed by the court must be done in association with a petition for dissolution of marriage and a reasonably prudent argument of danger or domestic abuse by the opposing spouse. This condition is also normally associated with a restraining order of some type or personal agreement that can further impact a divorce proceeding if violated.
An issue that truly compounds the question of who must leave a home is when there are dependent children involved. This is the situation where the court becomes the lawyer for kids. Parents who understand how a divorce can affect their children often can reach an agreement outside of court, but the state can intervene for the sake of safety and welfare for any vulnerable children if a compelling argument is presented by an endangered spouse who is requesting spousal removal pending a final divorce decree. This ruling is also typically associated with a temporary custody and visitation allowance order until the case goes to court for permanent disposition.
Contact Family Law Attorneys Yoder & Jessup in Garrett Indiana
While some requests for spousal removal happen quickly based on specific events such as a physical altercation or other domestic abuse problem, the truth is that the most effective decision is to evaluate the situation and prepare in advance by consulting with an experienced attorney who understands how to craft a solid removal case for court presentation. Residents in Garrett Indiana should contact Yoder & Jessup Family Law Attorneys for professional advice and representation.