divorce!!!

[redlady09]

What is the name of your state (only U.S. law)? Indiana


i haven't been with my husband pretty much since april 2009. that was the last time i left him. after that he and his family threw everything out that i & my two oldest kids owned. i mean everything!!!! i did get an atty. took me awhile to pay him what he wanted up front. then apperently my friends at the time i was stayin w/ sent back the court papers saying i didnt live there. i called him up told him where i was & that was my address. well anyways i moved again & my atty closed the case. i called to see if he could reopen it & have not got a reply back from him. i have no money for another atty. i also have our two children. i dont know what to do anymore

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana


i haven't been with my husband pretty much since april 2009. that was the last time i left him. after that he and his family threw everything out that i & my two oldest kids owned. i mean everything!!!! i did get an atty. took me awhile to pay him what he wanted up front. then apperently my friends at the time i was stayin w/ sent back the court papers saying i didnt live there. i called him up told him where i was & that was my address. well anyways i moved again & my atty closed the case. i called to see if he could reopen it & have not got a reply back from him. i have no money for another atty. i also have our two children. i dont know what to do anymore

It is possible to file for a divorce on your own. Google 'self help divorce indiana' or start here:
courts.IN.gov: Self-Service Legal Center

 

[tuffbrk]

Are you basically saying that the children haven't spent any time with Dad in 2 years?! You have not received any child support?

I urge you to file on your own using the link that Misto provided above. You need court orders in place for support and visitation.

Good luck!

 

[Ohiogal]

When is the last time you and your spouse had sex?

 

[LdiJ]

When is the last time you and your spouse had sex?

That's not an issue in Indiana.

 

[Ohiogal]

That's not an issue in Indiana.

Really? There is not a no fault ground of divorce that takes into consideration separation from bed and board? Or living separate and apart? Because if they had sex recently they have not been separated.

Also if they have been having sex that can be proof that the marriage is NOT irretrievably broken.

 

[mistoffolees]

Really? There is not a no fault ground of divorce that takes into consideration separation from bed and board? Or living separate and apart? Because if they had sex recently they have not been separated.

Easy enough to check.
Indiana Divorce Source: Grounds for Divorce: Indiana
Only no-fault ground is irretrievable breakdown of the marriage. AFAIK, that does not require living apart or refraining from sex. Heck, lots of people file for divorce even when they're still living together.

Also if they have been having sex that can be proof that the marriage is NOT irretrievably broken.

That would be hard to argue. LOTS of people have sex who are not married. And lots of people are married without sex.

This site clarifies in general terms (not specific to IN):
http://www.brandeslaw.com/pdf articles/Irretrievable Breakdown Ground for divorce DRL 170.pdf

Domestic Relations Law §170 was amended to add “irretrievable breakdown” in subdivision 72 as a ”no-fault ground” for divorce. It provides that a husband or wife may be granted a judgment or divorce on the ground that: “(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath.

For Indiana:
http://www.indianajustice.org/Data/DocumentLibrary/Documents/1053370956.35/doc_divorce.pdf

You have to prove there has been an “irretrievable breakdown” of your marriage. This means that there is no chance you and your spouse can stay married.

Finally, an Indiana attorney sums it up simply:
Family Law: Divorce and Legal Separation - Kent A. Jeffirs, Attorney at Law, Crown Point, Indiana

A marriage is irretrievably broken if either party believes that it is irretrievably broken.

Given that, it seems to me that it would be hard to argue that the marriage was not irretrievably broken just because the couple had sex.

 

[ecmst12]

Since when does having sex have ANYTHING to do with marriage? Do you not read the child custody forum???

Anyway, did you spend all of the retainer you paid the lawyer previously? I would suggest you schedule an appointment to go over your account and see if you have any of the retainer left or if you would have to pay him a new one.

 

[LdiJ]

Really? There is not a no fault ground of divorce that takes into consideration separation from bed and board? Or living separate and apart? Because if they had sex recently they have not been separated.

Also if they have been having sex that can be proof that the marriage is NOT irretrievably broken.

As Misto demonstrated, no there isn't. From what I can tell, its easier to get a divorce in Indiana, than in just about any other state. Heck, my ex and I never even had to go to court. Attorneys drew up the paperwork, we signed it, we took the 4 hour parenting class, the attorneys submitted it to the judge who signed it, and it was final 60 days later.

 

[Ohiogal]

As Misto demonstrated, no there isn't. From what I can tell, its easier to get a divorce in Indiana, than in just about any other state. Heck, my ex and I never even had to go to court. Attorneys drew up the paperwork, we signed it, we took the 4 hour parenting class, the attorneys submitted it to the judge who signed it, and it was final 60 days later.

I can admit when I am wrong.

Ecmst -- As for when sex has anything to do with marriage -- in many states if you have sex then you have to start the clock over on living separate and apart.

 

[Proserpina]

I can admit when I am wrong.

Ecmst -- As for when sex has anything to do with marriage -- in many states if you have sex then you have to start the clock over on living separate and apart.

True on both counts.

Happy Kind Tuesday, everyone

 

[redlady09]

to everyone who has replied. he has seen the kids in the 2 yrs. he had them first then i got them. theres no money for support and there should be!!! for the sex part WOW!!!! we hadn't had sex in long time before i left him, and thats not the reason why i left either ok. but there is one other problem with the situation, we were married in 03 his father died (no will) in 06 & the house went to use in 07 but it was put in his name only!! indiana law 50/50 half the house is mine. i didnt want it at first but after everything i've gone through & the kids ppl are telling me go for the house. even the so called atty said he would most likely have to sell the house to pay me half. the atty wanted 850 for his fee asked for 350 up front plus sheriff fee & court fee. i paid him that & now he closed the case and wont return calls. i've used him b4 and no problem 2 other ppl i know also used him & when i was younger my mother used him also. so just dont know what to do. say for get the house & my half of the money or go for it oh when i did get a hold of the atty bout the papers being sent back he said i need to sign 2 papers & pay an extra $175.

 

[Proserpina]

to everyone who has replied. he has seen the kids in the 2 yrs. he had them first then i got them. theres no money for support and there should be!!! for the sex part WOW!!!! we hadn't had sex in long time before i left him, and thats not the reason why i left either ok. but there is one other problem with the situation, we were married in 03 his father died (no will) in 06 & the house went to use in 07 but it was put in his name only!! indiana law 50/50 half the house is mine. i didnt want it at first but after everything i've gone through & the kids ppl are telling me go for the house. even the so called atty said he would most likely have to sell the house to pay me half. the atty wanted 850 for his fee asked for 350 up front plus sheriff fee & court fee. i paid him that & now he closed the case and wont return calls. i've used him b4 and no problem 2 other ppl i know also used him & when i was younger my mother used him also. so just dont know what to do. say for get the house & my half of the money or go for it oh when i did get a hold of the atty bout the papers being sent back he said i need to sign 2 papers & pay an extra $175.

No. You may be entitled to 50% of the equity in the house during the period you were married.

But you don't get 50% of the house, as you seem to believe.

You also apparently need a different attorney. Or, you need to ask questions and get the attorney to explain the reality to you.

I have a feeling it's probably a mix of the attorney not explaining things correctly, and you misunderstanding what you've been told.

 

[Bali Hai]

As Misto demonstrated, no there isn't. From what I can tell, its easier to get a divorce in Indiana, than in just about any other state. Heck, my ex and I never even had to go to court.

You two must have had alot of time on your hands.

Attorneys drew up the paperwork, we signed it, we took the 4 hour parenting class, the attorneys submitted it to the judge who signed it, and it was final 60 days later.

How did you celebrate?

 

[Bali Hai]

Since when does having sex have ANYTHING to do with marriage?

It has alot to do with divorces.