Legal Question in Family Law in Indiana

My 63 y/o mother would like to leave my abusive father. He has been physically abusive in the past, but mow just relys on emotional abuse and controlling her every move. They have 2 paid for hosues and 2 vehicals, but he will not let her drive them or give her any spending cash. He buys the groceries. She rarely leaves the house except when I go get her and bring her to my home to do her hair and give her clothes or books. She has limited education and has never really supported herself except for a few years waitressing and a few dancing. She is a nervous wreck. She is an admitted alcoholic to medicate the pain of her life. She feels held hostage. He has beaten her down to no self esteem or self respect.They have over $40000 in credit card debt, but 2 houses paid for...they have been trying to sell one, but no luck in this dead economy. My dad says if she leaves him he will get it all and she gets nothing. They have been married 43 years, I believe she would get half of everything. She has no money for an attorney, I have no money to help her, but told her she could come here to live and find a job and get on her feet. I'm afraid if I don't help her get out of there, something bad may happen. My useless 40 y.o deadbeat brother lives there as well and is mentally unstable and abusive and disrespectful. What are he legfal rights and options on how to get an attorney?


Asked on 10/09/10, 11:39 pm

1 Answer from Attorneys

Her legal rights are to obtain an attorney. She may or may not qualify for legal aid, probably not is my guess. She needs to come up with the money for a retainer and hire an attorney who then may be able to obtain attrorneys fees from your father.

There is a presumption in Indiana that everything is a 50/50 split. In this instance, it may be that your mother gets more. She and you will ahve to discuss all of the details with an attorney.

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Answered on 10/15/10, 3:53 pm


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