Monday, December 17, 2007

How Long Do You Have to Live in Indiana Before Filing a Case?

The answer depends on the type of case.

Dissolution of Marriage, Legal Separation, and Child Custody: six months (IC 31-15-2-6 and IC 31-15-3-6, and IC 31-21-5-1, respectively). But about custody, take a look at Brokus v. Brokus below.

Child support (IC 31-16-2-6) and Support of Dependents by Dependent Spouse (IC 31-16-14-1) cases have no residency requirements.

If you have access to a law library, you might want to take a look at Brokus v. Brokus, Ind.App., 420 N.E.2d 1242 (1981). That case held that a mother who filed for divorce five months after moving to Indiana could not get divorced but could get a child support order. The case also discussed how the Uniform Child Custody Jurisdiction Act applies - even Indiana could could exercise jurisdiction if no proceedings in former state.

1/31/08: See Following Up on "Child Custody: New Interstate Custody case" for Lighty v. Lighty which distinguishes Brokus.

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