Legal Question in Family Law in Indiana

My husband cheated on me before we were married. I forgave him and took him back and later we married. Its been 3 months since the incident, and we've only been married for 3 months. I asked him to stop contact with the other woman because I felt uncomfortable, found it disrespectful, and untimitly felt hurt. He told me numerous times that he had. I found out that he was lying and even going to see her at times. Promise after promise, he again swore there was no contact between the two of them. However, the truth surfaced.

I have substantial evidence showing how many times he's called her or she's called him. I've kept txts, found journal intries and even have his confession (about lying). Before I met him, he was divorced and lost custody of his daughter from that marriage. The judge ordered him to take classes at foundations after he was released from jail. With his past mistakes and criminal record already being knowledge of the courts,...could I present the evidence I already have, and be granted a divorce? If granted the divorce do I have enough evidence to get full custody of our unborn baby, along with denying him visitation? I do not want his child support, nor do I want him to have any contact with me or this child. Could I state that in court and have enough leverage to pursuade the judge to rule in my favor?


Asked on 9/25/09, 4:05 pm

1 Answer from Attorneys

Indiana is a non fault divorce state, so your evidence is not necessary in order to obtain a divorce.

The courts will not grant a divorce is you are pregnant. The fact that he is a cheater has nothing to do with visitation or custody rights. However, you have not mentioned why he was at Foundations or why he was in jail. However, it is very rare that a court will deny all contact. Under Indiana law, you have no right to refuse child support.

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Answered on 10/04/09, 8:14 pm


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