CHAPTER 2. CERTAIN DOMESTIC RELATIONS ACTIONS
IC 34-12-2
Chapter 2. Certain Domestic Relations Actions
IC 34-12-2-1
Causes of action abolished
Sec. 1. (a) The following civil causes of action are abolished:
(1) Breach of promise to marry.
(2) Alienation of affections.
(3) Criminal conversation.
(4) Seduction of any female person of at least eighteen (18)years of age.
(b) This section does not affect a cause of action described insubsection (a) that accrued before June 10, 1935.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-2
Certain causes of action not to arise within state
Sec. 2. (a) No act done after June 10, 1935, within Indianaoperates to give rise, either within or outside Indiana, to any of thecauses of action abolished by this chapter.
(b) No contract to marry that is made after June 10, 1935, withinIndiana operates to give rise, either within or outside Indiana, to anycause of action for breach of contract or promise to marry.
(c) The intent of this section is to fix the effect, status, andcharacter of acts and contracts described in subsections (a) and (b)and to render them ineffective to support or give rise to any causesof action within or outside Indiana.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-3
Filing or threatening to file abolished cause of action prohibited
Sec. 3. It is unlawful after June 10, 1935, for any person, either aslitigant or attorney, to:
(1) file;
(2) cause to be filed;
(3) threaten to file; or
(4) threaten to cause to be filed;
in any court in Indiana any pleading or paper setting forth or seekingto recover upon any cause of action abolished or barred by thischapter, whether the cause of action arose within or outside Indiana.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-4
Identifying corespondent or participant in divorce, separatemaintenance, annulment, or custody action prohibited
Sec. 4. It is unlawful for any person, either as litigant or attorney,to file, cause to be filed, threaten to file, or threaten to cause to befiled in any court of Indiana, any pleading or paper naming ordescribing in such manner as to identify any person as corespondentor participant in misconduct of the adverse party in any: (1) action for:
(A) divorce;
(B) separate maintenance;
(C) annulment of marriage; or
(D) custody or care of children; or
(2) citation or proceeding ancillary or subsequent to an actiondescribed in subdivision (1).
As added by P.L.1-1998, SEC.7.
IC 34-12-2-5
Motion to make pleading or paper more specific
Sec. 5. (a) Except as provided in subsection (b), in cases describedin section 4 of this chapter, it is sufficient for such pleader todesignate any corespondent or third party in general language that isnot sufficient for identification. The general language operates withthe same legal effect as complete naming and identification of theperson.
(b) The adverse party may file a motion to make the pleading orpaper more specific by stating the name, identity, or other facts. Thegranting of the motion, in whole or in part, rests in the sounddiscretion of the court, and, if ordered granted, the pleader shallamend the pleading or paper to set forth the information specificallyrequired by the order, but no further.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-6
Questioning intended to elicit name of third persons prohibited
Sec. 6. (a) An attorney who appears in a proceeding described insection 4 of this chapter on behalf of a party to the proceeding whois asserting misconduct by the adverse party shall not ask of anywitness any question intended or calculated to disclose the name oridentity of any third person charged as corespondent or participantin the misconduct.
(b) A party or witness testifying on behalf of a party assertingmisconduct by the adverse party shall not name or identify any thirdperson charged as a corespondent or participant in any suchmisconduct.
(c) If the court in the exercise of a sound discretion so orders,counsel for any party charged with an act of misconduct with a thirdperson may be permitted to cross-examine a witness who hastestified to the act of misconduct concerning the identity of the thirdperson. Within limits as the court may prescribe, the witness mayanswer the questions asked.
(d) In all testimony in proceedings described in section 4 of thischapter, designation of the corespondent or other alleged participantin misconduct by general language not sufficient for identificationoperates with the same legal effect as complete identification.
(e) The discretion vested in the court by this section shall beexercised in a manner to avoid injustice to litigants, while at thesame time avoiding, so far as possible, the public revelation of the
name or identity of the third person. To this end the court mayimpound pleadings or other documents in the case and heartestimony in chambers.
(f) This section shall not be construed to change the grounds fordivorce or impair the substantive rights of parties in cases describedin this section. This section shall be construed to regulate pleading,practice, and testimony in cases described in this section so as toeliminate extortion and public scandal.
(g) This section also applies to the taking of testimony bydeposition or commission as to proceedings before the court.
(h) Any willful violation of this section by any attorney, party, orwitness constitutes a direct contempt of the court having jurisdictionof the proceeding in which the violation occurs, and may be punishedby the court with a fine of not more than five hundred dollars ($500)as the court considers proper. However, if the adverse party intendsto file a motion under section 5(b) of this chapter to make anypleading or paper more specific by stating the name, identity, orother fact descriptive of any corespondent or participant inmisconduct of the adverse party in any action or proceedingdescribed in section 4 of this chapter, any party who has given noticeof the taking of a deposition shall be notified of this intention inwriting before the time fixed for taking the deposition, and the noticemay be served upon either the party or the party's attorney.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-7
Compromise or settlement of abolished causes of action prohibited
Sec. 7. (a) All contracts and instruments executed after June 10,1935, within Indiana in payment, satisfaction, settlement, orcompromise of any claim or cause of action abolished or barred bythis chapter, whether the claim or cause of action arose within oroutside Indiana, are declared to be contrary to the public policy ofIndiana and void.
(b) It is unlawful to cause, induce, or procure any person to:
(1) execute a contract or instrument described in subsection (a);
(2) cause, induce, or procure any person to give, pay, transfer,or deliver any money or thing of value in payment, satisfaction,settlement, or compromise of a claim or cause of actiondescribed in subsection (a); or
(3) receive, take, or accept any money or thing of value inpayment, satisfaction, settlement, or compromise of a claim orcause of action described in subsection (a).
(c) It is unlawful to commence or cause to be commenced, eitheras litigant or attorney, in any court of Indiana, any proceeding oraction seeking to enforce or recover upon a contract or instrumentdescribed in subsection (a), knowing it to be void, whether thecontract or instrument was executed within or outside Indiana.
(d) This section does not apply to:
(1) the payment, satisfaction, settlement, or compromise of any:
(A) causes of action that are not abolished or barred by this
chapter; or
(B) contracts or instruments executed before June 10, 1935;or
(2) the bona fide holder in due course of any negotiableinstrument executed after June 10, 1935.
As added by P.L.1-1998, SEC.7.
IC 34-12-2-8
Violations
Sec. 8. A person who knowingly violates section 3, 4, 5, or 7 ofthis chapter commits a Class D felony.
As added by P.L.1-1998, SEC.7.