IC 31-12
    ARTICLE 12. FAMILY LAW: DOMESTICRELATIONS COURTS

IC 31-12-1
    Chapter 1. Domestic Relations Courts; Provision of CounselingServices

IC 31-12-1-1
Determination of necessity to establish court
    Sec. 1. (a) This chapter applies only in judicial circuits in whichthe judges of the superior and circuit courts determine that:
        (1) the social conditions in the county; and
        (2) the number of domestic relations cases in the courts;
make the procedures provided in this chapter necessary for the fulland proper consideration of the cases and to carry out this chapter.
    (b) The majority of the judges of the superior and circuit courts ineach judicial circuit shall make the determination under subsection(a) annually in January.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-2
Designation of judges; sessions of court
    Sec. 2. In judicial circuits having at least three (3) judges of thesuperior court, the judges of the superior and circuit courts mayannually, in January, designate one (1) or more of the judges to hearall cases under this chapter. The designated judges shall hold asmany sessions of court each week as are necessary for the promptdisposition of the court's business.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-3
Designation of court
    Sec. 3. Each court exercising the jurisdiction conferred by thischapter may be designated as a domestic relations court.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-4
Jurisdiction; supplemental powers
    Sec. 4. (a) Whenever a domestic relations court is establishedunder this chapter, the domestic relations court has jurisdiction overall proceedings in the following causes of action:
        (1) Dissolution of marriage.
        (2) Separation.
        (3) Annulment.
        (4) Child support.
        (5) Paternity.
    (b) A domestic relations court has jurisdiction that other courts inIndiana have over the causes of action listed in subsection (a). Adomestic relations court may dispose of the causes of action listed in

subsection (a) in the manner provided by statute for those causes ofaction. However, this chapter grants supplemental powers todomestic relations courts to aid the court in determining thedifference between the parties and in protecting the welfare andrights of the child or children involved.
As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.3.

IC 31-12-1-5
Absence or inability of judge to perform duties; appointment ofsubstitute
    Sec. 5. (a) If a judge appointed to act as judge of the domesticrelations court is:
        (1) on vacation;
        (2) absent; or
        (3) for any reason unable to perform the judge's duties;
a majority of the judges of the superior and circuit courts mayappoint another of the judges to act as judge of the domestic relationscourt during that period.
    (b) A judge appointed under subsection (a) has all the powers andauthority of the judge of the domestic relations court in cases underthis chapter.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-6
Duty of clerk of judicial circuit court to file cases in domesticrelations court
    Sec. 6. The clerk of the courts in a judicial circuit in which adomestic relations court is established shall file all cases listed insection 4(a) of this chapter in the domestic relations court.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-7
Forms of action; caption
    Sec. 7. The forms of action for:
        (1) dissolution of marriage;
        (2) annulment;
        (3) separation;
        (4) child support; or
        (5) paternity;
that are available to the parties under statute are the forms of actionin any domestic relations court established under this chapter.However, the caption of the cause must show that the cause is filedin the Domestic Relations Court of _____________ County.
As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.4.

IC 31-12-1-8
Petition invoking jurisdiction for reconciliation or amicablesettlement
    Sec. 8. Before the filing of an action for dissolution of marriage,annulment, separation, child support, or paternity, either spouse or

both spouses may file in the domestic relations court a petitioninvoking the jurisdiction of the court for:
        (1) the purpose of preserving the marriage by effecting areconciliation between the parties; or
        (2) the amicable settlement of the controversy between thespouses so as to avoid further litigation over the issue involved.
As added by P.L.1-1997, SEC.4. Amended by P.L.197-1997, SEC.5.

IC 31-12-1-9
Appointment of referees, counselors, assistants, and clerks;compensation; expenses
    Sec. 9. (a) In each of the judicial circuits in which this chapterapplies, judges of the superior and circuit courts may appoint one (1)or more professionally qualified domestic relations:
        (1) referees;
        (2) counselors;
        (3) assistants; and
        (4) clerks;
as are considered necessary to serve at the pleasure of the appointingjudge.
    (b) The appointing judge shall fix the compensation and expenseof the personnel appointed under this chapter, which shall be paidout of the county general fund.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-10
Referee's duties
    Sec. 10. A domestic relations referee shall perform such duties asthe judge of the domestic relations court assigns to the referee.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-11
Counselor's duties
    Sec. 11. A domestic relations counselor shall, when directed bythe judge of any domestic relations court, perform the followingduties in domestic relations cases and such other duties as the judgeof the domestic relations court assigns to the counselor:
        (1) The domestic relations counselor shall promptly receive allrequests for counseling services for the purpose of disposing ofthe requests under this chapter.
        (2) Whenever a petition is filed and either party requestscounseling, the domestic relations counselor shall, in thecounselor's discretion:
            (A) interview and counsel each plaintiff and, if feasible anddesirable, each defendant; or
            (B) confer with both jointly;
        for the purpose of reconciling the differences between theparties and making recommendations to the judge of thedomestic relations court.
        (3) In each case assigned to the domestic relations court in

which the custody, support, or welfare of a child is involved, inorder to protect and conserve the interest of the child, thedomestic relations counselor shall investigate and report upon:
            (A) the status and condition of the parties to the cause;
            (B) the status and condition of the child;
            (C) the provisions made or to be made for the protection ofthe welfare of the child; and
            (D) any other matter pertaining to the marriage that mayaffect the welfare of the child.
        (4) Upon request of the domestic relations court judge, thecounselor shall:
            (A) make post-dissolution studies of problems arising inconnection with child custody, support, and parenting time;
            (B) provide assistance to the parties in the enforcement ofsupport orders; and
            (C) cause reports to be made and statistics to be compiled,which records and reports shall be kept as the judge of thedomestic relations court may direct.
        (5) The counselor shall provide such supervision in connectionwith the exercise of the jurisdiction of the domestic relationscourt as the judge may order.
As added by P.L.1-1997, SEC.4. Amended by P.L.68-2005, SEC.9.

IC 31-12-1-12
Director of domestic relations counseling
    Sec. 12. The judge of a domestic relations court may appoint fromamong the domestic relations counselors one (1) counselor to act asdirector of domestic relations counseling. The director shall:
        (1) be responsible for receiving all applications and assignmentsfor counseling under the order of the court and assign theapplications to domestic relations counselors for furthercounseling and proceedings under this chapter;
        (2) cause reports to be made, statistics to be filed, and recordsto be kept as the judge of the domestic relations court directs;and
        (3) act in a supervisory capacity to all other domestic relationscounselors so that the counselors promptly and properly actupon all requests for counseling service.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-13
Counseling service not condonation of acts constituting grounds fordissolution of marriage
    Sec. 13. The:
        (1) use of counseling service provided under this chapter; and
        (2) action taken that has been recommended by the domesticrelations counselor;
is not condonation on the part of either spouse of acts that mayconstitute grounds for dissolution of the marriage.
As added by P.L.1-1997, SEC.4.
IC 31-12-1-14
Private counseling proceedings; confidential communications
    Sec. 14. (a) All counseling:
        (1) proceedings;
        (2) interviews; and
        (3) conferences;
shall be held in private.
    (b) All communications, verbal or written, and any record madeas a result of the communications from the parties to the judge, thedomestic relations counselor, or other person designated orrecommended under this chapter in a counseling or conciliationproceeding:
        (1) are considered to be made in confidence; and
        (2) are not admissible and may not be used for any purpose in:
            (A) any divorce or dissolution of marriage hearing; or
            (B) any other proceeding.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-15
Setting cause for hearing
    Sec. 15. If after a reasonable time it appears that the use ofcounseling services under this chapter is not effective, the courtshall, upon application of either party, set the cause for hearing onthe court's trial docket.
As added by P.L.1-1997, SEC.4.

IC 31-12-1-16
Court of record
    Sec. 16. (a) This section does not apply to counselingproceedings, interviews, conferences, and communications that areconfidential under section 14 of this chapter.
    (b) A domestic relations court established under this chapter is acourt of record and all proceedings in the court must be of record.
As added by P.L.1-1997, SEC.4.