IN Bar Family Law 2

Question 1

In Indiana, what is the statutory waiting period between filing a petition for dissolution of marriage and the earliest date the court may enter a final decree?

Accepted Answer

60 days

Answer

Indiana Code 31-15-2-10 requires a minimum 60-day waiting period after filing before a final dissolution hearing may be held.

Question 2

Indiana courts divide marital property upon dissolution using which approach?

Accepted Answer

A one-pot theory presuming an equal division of all property is just and reasonable

Answer

Indiana uses the one-pot theory, placing all property owned by either spouse into the marital estate with a rebuttable presumption that an equal division is just and reasonable.

Question 3

A husband seeks to rebut Indiana's presumption of equal property division because he inherited a farm before the marriage. Which factor may the court consider under IC 31-15-7-5?

Accepted Answer

The extent property was acquired before marriage or through inheritance or gift

Answer

The statute allows deviation based on factors including acquisition of property before marriage or through inheritance or gift, but not marital fault.

Question 4

Under Indiana law, a court may award spousal maintenance after dissolution in which of the following circumstances?

Accepted Answer

The spouse is physically or mentally incapacitated to the extent that self-support is materially affected

Answer

Indiana permits maintenance only in limited circumstances: incapacity of a spouse, a caregiver for an incapacitated child lacking sufficient property, or short-term rehabilitative maintenance up to three years.

Question 5

What is the maximum duration of rehabilitative maintenance an Indiana court may order following dissolution?

Accepted Answer

Three years from the date of the final decree

Answer

Indiana Code 31-15-7-2 caps rehabilitative maintenance at three years from the date of the final decree.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Family Law 2