Modern society could not exist without an orderly structure, of family law, which adequately ensures the strength, and at the same time the flexibility of this system. The familiar territory allows people to unite in a state, common interests – in parties and movements, etc. But each of these associations allows only a part of human individuality to be realized, and then just for a short period. The family enables combining the inconsistency of human character and public interests.
Only within a normal full-fledged family, a person enters into a sophisticated circle of social relations and becomes a citizen. Strong family ties like no other regulator can influence a person’s behavior. Not all efforts of the state and society to support socially protected segments of the population would have yielded significant results if all of today’s retirees, people with disabilities and minors stayed without family, they would not even need any other help. In a word, healthy, prosperous families are the guarantor of the peace of the society, stability, and development of the state.
Family life is an extraordinary, intimate area of human relationships that can not be adequately regulated by the rules of law. And yet, the development of the family, its well-being are so crucial for the stability of society that it seeks to regulate family relations. The Family Code of the Indiana states guarantees the protection of the family rights of citizens, prohibits anyone’s arbitrary interference in the affairs of the family, prescribes legal mechanisms for citizens to fulfill family responsibilities.
Family law should be considered as a set of legal norms regulating personal and derived from them property relations arising between people from marriage, family relationship, and adoption of children into a family.
Principles of Family Law in Indiana
The main principles of family law are:
- voluntary marriage;
- equality of rights of spouses;
- priority of family education of children;
- ensuring the unconditional protection of the interests and rights of children;
- and the interests and rights of disabled family members.
One of the basic concepts of family law is the concept of family. Unlike sociology, which defines a family as a union of persons based on marriage and kinship or accepting children for the upbringing and characterized by common interests, mutual concern for each other, jurisprudence treats the family solely as a legal connection of its members who are subjects of family relations. In the legal sense, a family is a group of people whose mutual rights and obligations arise in connection with a family relationship, marriage, and adoption.
Family members include husband and wife who are married in the manner prescribed by law, children and other relatives who have, as a rule, common ancestors, adoptive parents and adopted children, stepmothers, stepfathers, stepdaughters, stepchildren, etc.
The state guarantees the rights and obligations of family members. At the same time, their emergence and existence are determined only by specific legal facts (kinship, marriage, adoption). In this regard, another important concept in family law is “marriage.”
However, sometimes some bad things happen, and people see a need to divorce with each other. Family law in Indiana also has many essential aspects which cover this event.
Family law in Indiana regulates a divorce process, division of property in this way: in the absence of a marriage contract (that is, a contractual regime of ownership of property), property acquired in marriage is considered jointly purchased. The exceptions are transactions made by one of the spouses for free. These include inheritance, donation, privatization. The property obtained from these transactions is recognized as the personal property of the person and is not a subject of division.
The rest of the property is divided in half, according to the Family Code of Indiana. If it is impossible to single out one of the spouses when dividing the property of a share in kind, he receives monetary compensation.
It is possible to conclude a compromise agreement in which, instead of sharing the division of each property, the spouses receive individual objects entirely. For example, it is not necessary to “cut” an apartment and a country house. Instead, one spouse can acquire real estate in one part of Indiana and another in the different part. At the same time, the difference can be compensated with money or other property (furniture, household appliances, car).
Does your spouse think that he has a right to your premarital property? Or perhaps you have invested in your work, your money in improving your spouse’s personal property? Judicial battles are coming hard. You need to prepare for them with a lawyer!
If you want to conclude a marriage contract that will protect your rights – do not write the clauses of the agreement yourself. Contact a lawyer who specializes in these issues!
Besides, the voluntary refusal of the spouse in case of divorce from a part of the property in favor of another is allowed, even if the part of the property received by him will be much less valuable at the cost.
The court may also deviate from the principle of equal division of property if it considers that such a decision violates the rights of the typical minor child. Deviation from the law of parity of marital property is also possible if one of the spouses has squandered joint capital for personal use. For example, if he lost a significant amount, regularly carried out and sold things from home), or broke common property (for example, split the car or burned the cottage, so he will not be able to divide it during a divorce).
It is necessary to pay attention to one more thing: the debts of the spouses are also subject to separation upon divorce. They can be divided equally, can be taken into account when determining the amount of monetary compensation. It is also possible to prove that the debts of the spouse must be paid to them personally, although this is quite a difficult task that is almost impossible to solve without the help of an experienced lawyer.
Transformation of personal property into a joint in Indiana state
We have already said that, according to family law, during a divorce, the property is divided that is the joint property of the spouses. But quite often it happens that during the marriage the personal property of the husband or wife becomes common. This occurs with a constant improvement of the object, as a result of which its value increases significantly.
For example, if a three-story cottage has grown from a modest house inherited by one of the spouses, the court will divide it as joint property. But if the wallpaper is just pasted in the apartment – the improvement is unlikely to be recognized as significant, although compensation for repair costs may be awarded to the second party. In each case, the court decides individually how significant were the improvements.
Marriage contract in the system of family law of Indiana State
The contractual regime of property is standard as in other countries. However, gradually the number of marriage contracts in our state is increasing, especially among the middle class and wealthy people. A marriage contract is sought by people whose income is significantly higher than the salary of a spouse (and not only men but also women). Besides, society’s view of contractual relations in marriage is gradually changing, and the contract is becoming more and more approved from an ethical point of view.
But the family law of Indiana in many respects inherits the norms of the family law of other states, and it is not “sharpened” under the contractual relationship in marriage.
How to save your time and apply for the divorce online in Indiana
Are your bored of endless waiting in queues? Nowadays, our world and our lives are so fast that we cannot even find a minute to drink our coffee. So there is no need to write about hours of waiting to fill the documents for a divorce. However, there is a great solution. You have a high possibility to apply for a divorce in Indiana online. There are no queues at all.
You need to find high-quality specialists who will help you with everything. Overall, you will need to scan your documents and send it to them. This applying for divorce becomes more and more popular in Indiana nowadays.
However, you need to remember that the law can not provide for all situations that arise in life.
The Family law is only a guideline, on the way to which a crashing family ship may run into sharp reefs of various problems.