Are Divorce Filings Increasing In Indiana? 2009 Indiana Law Statistics

Every year the Judicial Service Report publishes important statistics for Indiana cases. This year the statistics show some interesting trends.

Total civil filings dropped.  The 2009 drop in total civil filings looks to be due to a decrease from the high  level of foreclosure and collection filings from 2008.

Despite the total civil filings dropping, domestic relations ("DR") filings posted their highest numbers  this decade. DR filings increased by 8% from 2008. DR cases are defined as cases "involving petitions for dissolution of marriage, legal separation, and petitions to establish child support". A majority of DR cases are divorces.


So does the increase in DR filings mean that there was an increase in divorce filings? It would sure seem so but part of the reason that the number DR cases was high for 2009 is because the Indiana Supreme Court, Division of Administration had instructed that in cases in which paternity of a child had been established by affidavit, the proper case type was DR for subsequent child support petition. For calendar year 2010, this has been reverted to the previous instruction that the JP case type, rather than the DR case type, should be used where paternity has been established by affidavit.  This may be a leading reason for the statistically difference in both the DR (increased) and JP/paternity (decreased) cases from the previous year.  Numbers from 2010 should help clear this up. 

However, if divorce filings are up then perhaps it is due to the rebound effect from previous years. Over the past couple years its been suggested that couples who might otherwise divorce were not divorcing due to the uncertain economy.  With home values down, lost jobs, credit tightening, and the recession, separating one household into two is much more difficult for families.  People simply could not afford to get divorced.  But as I heard one attorney say "you can only fake happy so long".   Several other articles seem to agree that an economy-related "divorce rebound" might be already occurring in other states - see here and here.

It is also worth pointing out some other interesting family law statistics based on the 2009 numbers:

• Civil protective order filings continue to increase. These are up 33% since 2000. 
• New paternity case filings are down 19% from last year.  
• Guardianships are slightly down but still seem to be trending up over the decade. 
• New adoptions are at the second lowest level this decade. 

Thanksgiving & Winter Holiday Parenting Time for 2010-2011

Holiday parenting time is often a source of confusion. The time a parent has the child alternates each year and is affected by when the school break starts and ends. This posting will provide the specific language of the Guidelines and also an interpretation of what the Guidelines provide this year if your child's winter break is from December 17th - January 3th.  Please note that the holiday parenting time is controlled by when a child gets out of school, therefore, may not follow this interpretation.  For instance, this year Carmel Clay Schools' last day is Thursday the 16th, not the 17th.

To discuss this further please contact me.

Here is what the Indiana Parenting Time Guidelines say about the winter holidays:


HOLIDAY PARENTING TIME SCHEDULE
B. Christmas Vacation.
One-half of the period which will begin at 8:00 P.M. on the evening the child is released from school and continues to December 30 at 7:00 P.M. If the parents cannot agree on the division of this period, the custodial parent shall have the first half in even-numbered years. In those years when Christmas does not fall in a parent’s week, that parent shall have the child from Noon to 9:00 P.M. on Christmas Day. The winter vacation period shall apply to pre-school children and shall be determined by the vacation period of the public grade school in the custodial parent’s school district.
C. Holidays.
In years ending with an even number, the non-custodial parent shall exercise the following parenting time:
[1] New Year’s Eve and New Year’s Day. (The date of the new year will determine odd or even year). From December 30th at 7:00 P.M to 7:00 P.M. of the evening before school resumes.
[4] Thanksgiving. From 6:00 P.M. on Wednesday until 7:00 P.M. on Sunday.

After reviewing the Guidelines, if your child gets out of school on December 17th and goes back on January 4th, one interpretation of the Guidelines for the winter holidays in 2010 is as follows:
Thanksgiving Break - with noncustodial parent in 2010.
Winter School Break - with custodial parent from December 17th at 8 p.m. until December 23rd, then the noncustodial parent would have the child from December 23rd until December 30th at 7 p.m., whereupon the custodial parent would have the child from December 30th at 7 p.m. through January 3rd at 7 p.m. However, the custodial parent would also have the child from noon until 9 p.m. on December 25th(Christmas day).

In sum, the noncustodial parent does not have the child as much over the winter break this year; however, the noncustodial parent gets the Thanksgiving break, Christmas eve as well as Christmas morning.

**WHERE THE FAMILY DOES NOT CELEBRATE CHRISTMAS HOLIDAYS**

Recognizing that not everyone celebrates the Christmas holiday, the Guidelines also provide as follows:

Religious based holidays shall be considered by the parties and added to the foregoing holiday schedule when appropriate. The addition of such holidays shall not affect the Christmas vacation parenting time, however, they may affect the Christmas day and Easter parenting time. Recognizing there are individuals of varying faiths who celebrate holidays other than those set out in the guidelines, the parties should try to work out a holiday visitation schedule that fairly divides the holidays which they celebrate over a two-year period in as equal a manner as possible.

Parenting Coordinator Can Be Ordered By The Court, Without Agreement

We've written about Parenting Coordinators ("PC") in previous posts.  A PC "may facilitate a decision regarding visitation." Bacon v. Bacon, 877 N.E.2d 801, 804 (Ind. Ct. App. 2007). The Court of Appeals has stated that "a parent coordinator serves a role akin to that of an expert witness who reviews information relevant to the case and develops an opinion to be accepted or rejected by the trial court." 887 N.E.2d at 983. Authority for ordering a PC is found in the Indiana Parenting Time Guidelines as a court may direct action to force compliance with parenting time requirements. Ind. Parenting Time Guideline I 6 (A) –(C).


Since there is no specific statute dealing with PC's, many trial courts have declined ordering a PC unless both parents agree one is needed.  The courts reasoned that they did not have authority to order a PC absent an agreement.  However, this requirement often stopped the PC before it could start, because one of the reasons parents need a PC is because they don't often agree on things.

The Indiana Court of Appeals held that a trial court can order a PC, even if there is no agreement between the parents.  In a new case the Court of Appeals reasoned that "[w]hen considering the spirit and intent of the Guidelines, the ongoing communication difficulties that Mother and Father have had regarding the parenting time schedule, and Mother’s approval of the trial court’s decision to appoint the Parent Coordinator, we conclude that the trial court did not err in appointing the parent coordinator".

With the new case, expect to see more motions requesting appointment of parenting coordinators. Here is a link to an Indiana Parenting Coordinator Guide.