separate maintenance in indiana

[poolenglish]

I have been paying separate maintenance for 9 months since filing for divorce with my wife in Indiana.Is there a legal limit to the time that I have to pay? We have been married 8 years and together 10 years.My income is $36k a year.

We have 2 children;4yo and 2yo... and are going thru a custody battle.She has the kids in the marital home now and I want her out.The home was purchased 3 years ago in my name only,her name is not on the loan.

Now I am paying ALL of the household bills,car insurance,medical insurance co-pays and $125 per week to her.She has bi-polar disorder and is seeing a psychiatrist and psycologist.She has been working for 6 weeks now at McDonalds.What is the name of your state (only U.S. law)?Indiana

[LdiJ]

Originally Posted by poolenglish

I have been paying separate maintenance for 9 months since filing for divorce with my wife in Indiana.Is there a legal limit to the time that I have to pay? We have been married 8 years and together 10 years.My income is $36k a year.

We have 2 children;4yo and 2yo... and are going thru a custody battle.She has the kids in the marital home now and I want her out.The home was purchased 3 years ago in my name only,her name is not on the loan.

Now I am paying ALL of the household bills,car insurance,medical insurance co-pays and $125 per week to her.She has bi-polar disorder and is seeing a psychiatrist and psycologist.She has been working for 6 weeks now at McDonalds.What is the name of your state (only U.S. law)?Indiana

Its not very common for that to continue past the actual finalization of the divorce in Indiana.

The home is marital property because it was purchased during the marriage. You would have to ask the judge to order that you get sole possession of the home. However, if the home has any equity, you will have to buy out her share of the equity. Obviously she would not be able to refinance the mortgage into her name, so there isn't much chance that the judge would award the home to her.

[poolenglish]

Thanks for the reply,I have another question.
I now have about $32k in savings accounts in my name only.I have never shared these accounts with her since married.
I had about $78k in cash and CD's when we married 8 years ago.
Is it true that once that I got married all of my savings became half hers?
Am I able to buy the equity from her with my account money that has been frozen?Are half of my savings accounts hers?She has never contributed to them and has not worked til recently after I left.
Equity in the house is $30k only because I put $25k down 3 years ago with my savings.

I married at 44 and she was 22.After having the children she had post-partum depression and was hospitalized a few days.Now she has been diagnosed with bi-polar.I never expected this and filed for divorce for my childrens sake...4 and 2yo

[LdiJ]

Originally Posted by poolenglish

Thanks for the reply,I have another question.
I now have about $32k in savings accounts in my name only.I have never shared these accounts with her since married.

Did you deposit any money into those accounts during the marriage?

I had about $78k in cash and CD's when we married 8 years ago.
Is it true that once that I got married all of my savings became half hers?

No, that's not necessarily true at all. However, if you comingled marital funds in the accounts, it is problematic.

Am I able to buy the equity from her with my account money that has been frozen?Are half of my savings accounts hers?She has never contributed to them and has not worked til recently after I left.

You can maybe buy out her half of the equity with your separate savings...again though it depends on how you handled the accounts.

Equity in the house is $30k only because I put $25k down 3 years ago with my savings.

Its still likely marital equity.

I married at 44 and she was 22.After having the children she had post-partum depression and was hospitalized a few days.Now she has been diagnosed with bi-polar.I never expected this and filed for divorce for my childrens sake...4 and 2yo

Explain your rationale here...clearly mom has been the children's primary caretaker therefore she is likely to get primary custody, therefore how is divorce "for your children's sake"? A diagnosis of bipolar does not equate to a primary caregiver being unfit...nor does post partum depression.

[poolenglish]

Originally Posted by LdiJ

Explain your rationale here...clearly mom has been the children's primary caretaker therefore she is likely to get primary custody, therefore how is divorce "for your children's sake"? A diagnosis of bipolar does not equate to a primary caregiver being unfit...nor does post partum depression.

My rational is not that cut and dried as most cases might be.
I am a stay at home dad that recieves retirement from the VA.
I have always been a caregive as much as she has concerning the kids care plus paying all of the bills on top of it all.I work at home part time on the internet,no big deal $ or time wise.

The.... "for my childrens sake" is the ....constant mood swings,many changes in medication,she forgets everything because of the meds,always tired and falling asleep while "watching" the kids,inapropriate language in front of the toddlers,anger managment issues.I cannot speak to her about these issues in a calm rational way without steam coming out of her ears

[poolenglish]

I always had accounts in my own name.
She never had an account in her own name.
I had a joint account with her that I deposited $1k per month for her to buy household items;food,clothes,whatever she wanted without question.
I paid all of the bills,rent/mortgage,water, power etc. out of my separate account.

[LdiJ]

Originally Posted by poolenglish

I always had accounts in my own name.
She never had an account in her own name.
I had a joint account with her that I deposited $1k per month for her to buy household items;food,clothes,whatever she wanted without question.
I paid all of the bills,rent/mortgage,water, power etc. out of my separate account.

Then you deposited marital funds (your monthly income) into the account, therefore possibly making it marital property.

It also sounds like your wife needs to go back to the doctor to have her meds adjusted.

You really need to get a consult with a local attorney even if you do not end up hiring one. Your property situation is a tad complex, as well as your custody situation.

[poolenglish]

Originally Posted by LdiJ

Then you deposited marital funds (your monthly income) into the account, therefore possibly making it marital property.

Yes I did deposit money ONLY in the joint account,she never had access to my monthly income account,CD's etc.,The only account that she had access to was a joint account when we were together,That account has been frozen since the separation($1400)

I paid a GAL to review and mediate,I have an attorney who seems to be delaying progress.She also has an attorney.
What do I need to tell my attorney to do?I am now living in my sisters basement (for 9 months)and cannot have them over for overnights.I see the kids everyday 2-6 hrs at the marital home when she is not home to avoid arguements.I enrolled our 4yo in preschool and take and pick him up everyday.I watch the 2yo when he is at school.
When she gets home I leave right away to avoid fighting in front of the toddlers,It is affecting the oldest....he covers his ears,and has started speaking in her derogatory words(altho he doesn't know what they mean.... I HOPE and pray)
I am allowed access to the home for "my business" in our preliminary aggrement during reasonable hours.
I told my attorney that I see 2 problems.
1.spliting marital assets.
2.custody.
Can we come to an agreement about the home(which in no way can she afford or get the loan)
so I can move back in and have a place to cook,and take care of my kids?
I am allowed every other weekend overnight with them,and once a week overnight.
Where I am at now(my sis's basement)will and has not worked for this.
Please what is your advice on all of the above? What action(if any) should I have my attorney pursue?
I will be getting a mobile home rental this week so I can have overnights with my boys.
My wife it appears wants to drag this out as long as she can.