Legal Question in Family Law in Indiana

who stays?

If I file for a divorce can I make my spouse leave our apartment? We have 2 children which will be staying with me. Also, can I receive seperation maintance until our divorce is final?


Asked on 6/29/01, 6:56 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: who stays?

Yes. You can file for divorce and ask the court to order him not to return to the marital residence.

You would ask that a restraining order be issued when you file the petition for dissolution, asking that he be barred from the residence because you are fearful for your safety (which I assume you are).

Unless you are disabled or a homemaker who is married to a high-powered bank executive, your chances of getting maintenance are low.

However, you will be entitled to child support if you have temporary custody of the children while the divorce is pending.

Hope this helps answer your questions.

Let me know if you have others.

If the

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Answered on 7/02/01, 6:15 pm


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