IC 34-57-5-1 Applicability of chapter
Sec. 1. (a) This chapter is applicable only to the family law
matters described in section 2 of this chapter and does not apply to
any other type of arbitration. An appellate court opinion interpreting
or construing this chapter has precedential value only for family law
arbitrations and does not apply to any other type of arbitration.
(b) This chapter is applicable only to an action in which each
party is:
(1) represented by an attorney; or
(2) pro se.
This chapter does not apply if one (1) party is represented by an
attorney and the other party is pro se. As added by P.L.112-2005, SEC.2.
IC 34-57-5-2 Family law arbitration authorized; family law arbitration
procedures
Sec. 2. (a) In an action:
(1) for the dissolution of a marriage;
(2) to establish:
(A) child support;
(B) custody; or
(C) parenting time; or
(3) to modify:
(A) a decree;
(B) a judgment; or
(C) an order;
entered under IC 31;
both parties may agree in writing to submit to arbitration by a family
law arbitrator.
(b) If the parties file an agreement with a court to submit to
arbitration, the parties shall:
(1) identify an individual to serve as a family law arbitrator; or
(2) indicate to the court that they have not selected a family law
arbitrator.
(c) Each court shall maintain a list of attorneys who are:
(1) qualified; and
(2) willing to be appointed by the court;
to serve as family law arbitrators.
(d) If the parties indicate that they have not selected a family law
arbitrator under subsection (b)(2), the court shall designate three (3)
attorneys from the court's list of attorneys under subsection (c). The
party initiating the action shall strike one (1) attorney, the other party
shall strike one (1) attorney, and the remaining attorney is the family
law arbitrator for the parties.
(e) In a dissolution of marriage case, the written agreement to
submit to arbitration must state that both parties confer jurisdiction
on the family law arbitrator to dissolve the marriage and to
determine:
(1) child support, if there is a child of both parties to the
marriage;
(2) custody, if there is a child of both parties to the marriage;
(3) parenting time, if there is a child of both parties to the
marriage; or
(4) any other matter over which a trial court would have
jurisdiction concerning family law. As added by P.L.112-2005, SEC.2.
IC 34-57-5-3 Validity of family law arbitration agreement
Sec. 3. Unless both parties agree in writing to repudiate the
agreement, an agreement to submit to arbitration by a family law
arbitrator under this chapter is:
(1) valid;
(2) irrevocable; and
(3) enforceable;
until the judgment is entered in the matter in which arbitration has
taken place. As added by P.L.112-2005, SEC.2.
IC 34-57-5-4 Residency requirements
Sec. 4. For arbitration to take place under this chapter, at least one
(1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation in Indiana;
for at least six (6) months immediately preceding the filing of the
petition or cause of action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-5 Guidelines
Sec. 5. (a) A family law arbitrator shall comply with the:
(1) child support; and
(2) parenting time;
guidelines adopted by the Indiana supreme court in family law
arbitration if there is a child of both parties to the marriage.
(b) Before assuming the duties of a family law arbitrator, a family
law arbitrator must take an oath to:
(1) faithfully perform the duties of the family law arbitrator;
and
(2) support and defend to the best of the family law arbitrator's
ability the constitution and laws of Indiana and the United
States.
(c) The family law arbitrator shall sign a written copy of the oath
described in subsection (b) and submit the signed copy to the court.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-6 Record of proceeding
Sec. 6. (a) A record of the proceeding in family law arbitration
may be requested by either party if written notice is given to the
family law arbitrator not more than fifteen (15) days after the family
law arbitrator has been selected.
(b) Written notice under subsection (a) must specify the requested
manner of recording and preserving the transcript.
(c) The family law arbitrator may select a person to record any
proceedings and to administer oaths. As added by P.L.112-2005, SEC.2.
IC 34-57-5-7 Written findings of fact and conclusions of law
Sec. 7. (a) Except as provided in subsection (b), the family law
arbitrator shall make written findings of fact and conclusions of law
not later than thirty (30) days after the hearing.
(b) If both parties consent, the period for the family law arbitrator
to make written findings of fact and conclusions of law may be
extended to ninety (90) days after the hearing.
(c) The family law arbitrator shall send a copy of the written
findings of fact and conclusions of law to:
(1) all parties participating in the arbitration; and
(2) the court.
(d) After the court has received a copy of the findings of fact and
conclusions of law, the court shall enter:
(1) judgment; and
(2) an order for an entry on the docket regarding the judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-8 Division of property in dissolution of marriage
Sec. 8. (a) In a dissolution of marriage case, the family law
arbitrator shall:
(1) divide the property of the parties, regardless of whether the
property was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one
(1) of the parties and requiring either party to pay an amount,
either in gross or in installments, that is just and proper;
(C) ordering the sale of the property under the conditions the
family law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable
after the dissolution of marriage, by setting aside to either of
the parties a percentage of those payments either by
assignment or in kind at the time of receipt.
(b) The division of marital property under this section must
comply with IC 31-15-7-5. As added by P.L.112-2005, SEC.2.
IC 34-57-5-9 Summary dissolution decrees in dissolution of marriage
Sec. 9. In a dissolution of marriage case, at least sixty (60) days
after the petition or cause of action is filed, the family law arbitrator
may enter a summary dissolution decree without holding a hearing
if verified pleadings have been filed with the family law arbitrator,
signed by both parties, containing:
(1) a written waiver of hearing; and
(2) either:
(A) a statement that there are no contested issues in the
action; or
(B) a written agreement made in accordance with
IC 31-15-2-7 that settles any contested issues between the
parties. As added by P.L.112-2005, SEC.2.
IC 34-57-5-10 Award modification after written findings of fact and conclusions
of law are made
Sec. 10. A family law arbitrator may modify an award after
making written findings of fact and conclusions of law if:
(1) a party makes a fraudulent misrepresentation during the
arbitration;
(2) the family law arbitrator is ordered to modify the award on
remand; or
(3) both parties consent to the modification. As added by P.L.112-2005, SEC.2.
IC 34-57-5-11 Appeals
Sec. 11. An appeal may be taken after the entry of judgment under
section 7(d) of this chapter as may be taken after a judgment in a
civil action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-12 Family law arbitrator fees
Sec. 12. (a) Except as provided in subsection (b), fees for the
family law arbitrator shall be shared equally by both parties unless
otherwise agreed in writing.
(b) The family law arbitrator may order a party to pay:
(1) a reasonable amount for the cost to the other party of:
(A) maintaining; or
(B) defending;
any proceeding under this chapter; and
(2) attorney's fees, including:
(A) amounts for legal services provided; and
(B) costs incurred:
(i) before the commencement of the proceedings; or
(ii) after entry of judgment.
(c) Fees for the family law arbitrator shall be paid not later than
thirty (30) days after the court enters judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-13 Application of Indiana Supreme Court Rules for Alternative
Dispute Resolution
Sec. 13. The Indiana Supreme Court Rules for Alternative Dispute
Resolution apply to family law arbitration in all matters not covered
by this chapter. As added by P.L.112-2005, SEC.2.
IC 34-57-5-1 Applicability of chapter
Sec. 1. (a) This chapter is applicable only to the family law
matters described in section 2 of this chapter and does not apply to
any other type of arbitration. An appellate court opinion interpreting
or construing this chapter has precedential value only for family law
arbitrations and does not apply to any other type of arbitration.
(b) This chapter is applicable only to an action in which each
party is:
(1) represented by an attorney; or
(2) pro se.
This chapter does not apply if one (1) party is represented by an
attorney and the other party is pro se. As added by P.L.112-2005, SEC.2.
IC 34-57-5-2 Family law arbitration authorized; family law arbitration
procedures
Sec. 2. (a) In an action:
(1) for the dissolution of a marriage;
(2) to establish:
(A) child support;
(B) custody; or
(C) parenting time; or
(3) to modify:
(A) a decree;
(B) a judgment; or
(C) an order;
entered under IC 31;
both parties may agree in writing to submit to arbitration by a family
law arbitrator.
(b) If the parties file an agreement with a court to submit to
arbitration, the parties shall:
(1) identify an individual to serve as a family law arbitrator; or
(2) indicate to the court that they have not selected a family law
arbitrator.
(c) Each court shall maintain a list of attorneys who are:
(1) qualified; and
(2) willing to be appointed by the court;
to serve as family law arbitrators.
(d) If the parties indicate that they have not selected a family law
arbitrator under subsection (b)(2), the court shall designate three (3)
attorneys from the court's list of attorneys under subsection (c). The
party initiating the action shall strike one (1) attorney, the other party
shall strike one (1) attorney, and the remaining attorney is the family
law arbitrator for the parties.
(e) In a dissolution of marriage case, the written agreement to
submit to arbitration must state that both parties confer jurisdiction
on the family law arbitrator to dissolve the marriage and to
determine:
(1) child support, if there is a child of both parties to the
marriage;
(2) custody, if there is a child of both parties to the marriage;
(3) parenting time, if there is a child of both parties to the
marriage; or
(4) any other matter over which a trial court would have
jurisdiction concerning family law. As added by P.L.112-2005, SEC.2.
IC 34-57-5-3 Validity of family law arbitration agreement
Sec. 3. Unless both parties agree in writing to repudiate the
agreement, an agreement to submit to arbitration by a family law
arbitrator under this chapter is:
(1) valid;
(2) irrevocable; and
(3) enforceable;
until the judgment is entered in the matter in which arbitration has
taken place. As added by P.L.112-2005, SEC.2.
IC 34-57-5-4 Residency requirements
Sec. 4. For arbitration to take place under this chapter, at least one
(1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation in Indiana;
for at least six (6) months immediately preceding the filing of the
petition or cause of action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-5 Guidelines
Sec. 5. (a) A family law arbitrator shall comply with the:
(1) child support; and
(2) parenting time;
guidelines adopted by the Indiana supreme court in family law
arbitration if there is a child of both parties to the marriage.
(b) Before assuming the duties of a family law arbitrator, a family
law arbitrator must take an oath to:
(1) faithfully perform the duties of the family law arbitrator;
and
(2) support and defend to the best of the family law arbitrator's
ability the constitution and laws of Indiana and the United
States.
(c) The family law arbitrator shall sign a written copy of the oath
described in subsection (b) and submit the signed copy to the court.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-6 Record of proceeding
Sec. 6. (a) A record of the proceeding in family law arbitration
may be requested by either party if written notice is given to the
family law arbitrator not more than fifteen (15) days after the family
law arbitrator has been selected.
(b) Written notice under subsection (a) must specify the requested
manner of recording and preserving the transcript.
(c) The family law arbitrator may select a person to record any
proceedings and to administer oaths. As added by P.L.112-2005, SEC.2.
IC 34-57-5-7 Written findings of fact and conclusions of law
Sec. 7. (a) Except as provided in subsection (b), the family law
arbitrator shall make written findings of fact and conclusions of law
not later than thirty (30) days after the hearing.
(b) If both parties consent, the period for the family law arbitrator
to make written findings of fact and conclusions of law may be
extended to ninety (90) days after the hearing.
(c) The family law arbitrator shall send a copy of the written
findings of fact and conclusions of law to:
(1) all parties participating in the arbitration; and
(2) the court.
(d) After the court has received a copy of the findings of fact and
conclusions of law, the court shall enter:
(1) judgment; and
(2) an order for an entry on the docket regarding the judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-8 Division of property in dissolution of marriage
Sec. 8. (a) In a dissolution of marriage case, the family law
arbitrator shall:
(1) divide the property of the parties, regardless of whether the
property was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one
(1) of the parties and requiring either party to pay an amount,
either in gross or in installments, that is just and proper;
(C) ordering the sale of the property under the conditions the
family law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable
after the dissolution of marriage, by setting aside to either of
the parties a percentage of those payments either by
assignment or in kind at the time of receipt.
(b) The division of marital property under this section must
comply with IC 31-15-7-5. As added by P.L.112-2005, SEC.2.
IC 34-57-5-9 Summary dissolution decrees in dissolution of marriage
Sec. 9. In a dissolution of marriage case, at least sixty (60) days
after the petition or cause of action is filed, the family law arbitrator
may enter a summary dissolution decree without holding a hearing
if verified pleadings have been filed with the family law arbitrator,
signed by both parties, containing:
(1) a written waiver of hearing; and
(2) either:
(A) a statement that there are no contested issues in the
action; or
(B) a written agreement made in accordance with
IC 31-15-2-7 that settles any contested issues between the
parties. As added by P.L.112-2005, SEC.2.
IC 34-57-5-10 Award modification after written findings of fact and conclusions
of law are made
Sec. 10. A family law arbitrator may modify an award after
making written findings of fact and conclusions of law if:
(1) a party makes a fraudulent misrepresentation during the
arbitration;
(2) the family law arbitrator is ordered to modify the award on
remand; or
(3) both parties consent to the modification. As added by P.L.112-2005, SEC.2.
IC 34-57-5-11 Appeals
Sec. 11. An appeal may be taken after the entry of judgment under
section 7(d) of this chapter as may be taken after a judgment in a
civil action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-12 Family law arbitrator fees
Sec. 12. (a) Except as provided in subsection (b), fees for the
family law arbitrator shall be shared equally by both parties unless
otherwise agreed in writing.
(b) The family law arbitrator may order a party to pay:
(1) a reasonable amount for the cost to the other party of:
(A) maintaining; or
(B) defending;
any proceeding under this chapter; and
(2) attorney's fees, including:
(A) amounts for legal services provided; and
(B) costs incurred:
(i) before the commencement of the proceedings; or
(ii) after entry of judgment.
(c) Fees for the family law arbitrator shall be paid not later than
thirty (30) days after the court enters judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-13 Application of Indiana Supreme Court Rules for Alternative
Dispute Resolution
Sec. 13. The Indiana Supreme Court Rules for Alternative Dispute
Resolution apply to family law arbitration in all matters not covered
by this chapter. As added by P.L.112-2005, SEC.2.
IC 34-57-5-1 Applicability of chapter
Sec. 1. (a) This chapter is applicable only to the family law
matters described in section 2 of this chapter and does not apply to
any other type of arbitration. An appellate court opinion interpreting
or construing this chapter has precedential value only for family law
arbitrations and does not apply to any other type of arbitration.
(b) This chapter is applicable only to an action in which each
party is:
(1) represented by an attorney; or
(2) pro se.
This chapter does not apply if one (1) party is represented by an
attorney and the other party is pro se. As added by P.L.112-2005, SEC.2.
IC 34-57-5-2 Family law arbitration authorized; family law arbitration
procedures
Sec. 2. (a) In an action:
(1) for the dissolution of a marriage;
(2) to establish:
(A) child support;
(B) custody; or
(C) parenting time; or
(3) to modify:
(A) a decree;
(B) a judgment; or
(C) an order;
entered under IC 31;
both parties may agree in writing to submit to arbitration by a family
law arbitrator.
(b) If the parties file an agreement with a court to submit to
arbitration, the parties shall:
(1) identify an individual to serve as a family law arbitrator; or
(2) indicate to the court that they have not selected a family law
arbitrator.
(c) Each court shall maintain a list of attorneys who are:
(1) qualified; and
(2) willing to be appointed by the court;
to serve as family law arbitrators.
(d) If the parties indicate that they have not selected a family law
arbitrator under subsection (b)(2), the court shall designate three (3)
attorneys from the court's list of attorneys under subsection (c). The
party initiating the action shall strike one (1) attorney, the other party
shall strike one (1) attorney, and the remaining attorney is the family
law arbitrator for the parties.
(e) In a dissolution of marriage case, the written agreement to
submit to arbitration must state that both parties confer jurisdiction
on the family law arbitrator to dissolve the marriage and to
determine:
(1) child support, if there is a child of both parties to the
marriage;
(2) custody, if there is a child of both parties to the marriage;
(3) parenting time, if there is a child of both parties to the
marriage; or
(4) any other matter over which a trial court would have
jurisdiction concerning family law. As added by P.L.112-2005, SEC.2.
IC 34-57-5-3 Validity of family law arbitration agreement
Sec. 3. Unless both parties agree in writing to repudiate the
agreement, an agreement to submit to arbitration by a family law
arbitrator under this chapter is:
(1) valid;
(2) irrevocable; and
(3) enforceable;
until the judgment is entered in the matter in which arbitration has
taken place. As added by P.L.112-2005, SEC.2.
IC 34-57-5-4 Residency requirements
Sec. 4. For arbitration to take place under this chapter, at least one
(1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation in Indiana;
for at least six (6) months immediately preceding the filing of the
petition or cause of action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-5 Guidelines
Sec. 5. (a) A family law arbitrator shall comply with the:
(1) child support; and
(2) parenting time;
guidelines adopted by the Indiana supreme court in family law
arbitration if there is a child of both parties to the marriage.
(b) Before assuming the duties of a family law arbitrator, a family
law arbitrator must take an oath to:
(1) faithfully perform the duties of the family law arbitrator;
and
(2) support and defend to the best of the family law arbitrator's
ability the constitution and laws of Indiana and the United
States.
(c) The family law arbitrator shall sign a written copy of the oath
described in subsection (b) and submit the signed copy to the court.
As added by P.L.112-2005, SEC.2.
IC 34-57-5-6 Record of proceeding
Sec. 6. (a) A record of the proceeding in family law arbitration
may be requested by either party if written notice is given to the
family law arbitrator not more than fifteen (15) days after the family
law arbitrator has been selected.
(b) Written notice under subsection (a) must specify the requested
manner of recording and preserving the transcript.
(c) The family law arbitrator may select a person to record any
proceedings and to administer oaths. As added by P.L.112-2005, SEC.2.
IC 34-57-5-7 Written findings of fact and conclusions of law
Sec. 7. (a) Except as provided in subsection (b), the family law
arbitrator shall make written findings of fact and conclusions of law
not later than thirty (30) days after the hearing.
(b) If both parties consent, the period for the family law arbitrator
to make written findings of fact and conclusions of law may be
extended to ninety (90) days after the hearing.
(c) The family law arbitrator shall send a copy of the written
findings of fact and conclusions of law to:
(1) all parties participating in the arbitration; and
(2) the court.
(d) After the court has received a copy of the findings of fact and
conclusions of law, the court shall enter:
(1) judgment; and
(2) an order for an entry on the docket regarding the judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-8 Division of property in dissolution of marriage
Sec. 8. (a) In a dissolution of marriage case, the family law
arbitrator shall:
(1) divide the property of the parties, regardless of whether the
property was:
(A) owned by either party before the marriage;
(B) acquired by either party in his or her own right:
(i) after the marriage; and
(ii) before final separation of the parties; or
(C) acquired by their joint efforts; and
(2) divide the property in a just and reasonable manner by:
(A) division of the property in kind;
(B) setting the property or parts of the property over to one
(1) of the parties and requiring either party to pay an amount,
either in gross or in installments, that is just and proper;
(C) ordering the sale of the property under the conditions the
family law arbitrator prescribes and dividing the proceeds of
the sale; or
(D) ordering the distribution of benefits described in
IC 31-9-2-98(b)(2) or IC 31-9-2-98(b)(3) that are payable
after the dissolution of marriage, by setting aside to either of
the parties a percentage of those payments either by
assignment or in kind at the time of receipt.
(b) The division of marital property under this section must
comply with IC 31-15-7-5. As added by P.L.112-2005, SEC.2.
IC 34-57-5-9 Summary dissolution decrees in dissolution of marriage
Sec. 9. In a dissolution of marriage case, at least sixty (60) days
after the petition or cause of action is filed, the family law arbitrator
may enter a summary dissolution decree without holding a hearing
if verified pleadings have been filed with the family law arbitrator,
signed by both parties, containing:
(1) a written waiver of hearing; and
(2) either:
(A) a statement that there are no contested issues in the
action; or
(B) a written agreement made in accordance with
IC 31-15-2-7 that settles any contested issues between the
parties. As added by P.L.112-2005, SEC.2.
IC 34-57-5-10 Award modification after written findings of fact and conclusions
of law are made
Sec. 10. A family law arbitrator may modify an award after
making written findings of fact and conclusions of law if:
(1) a party makes a fraudulent misrepresentation during the
arbitration;
(2) the family law arbitrator is ordered to modify the award on
remand; or
(3) both parties consent to the modification. As added by P.L.112-2005, SEC.2.
IC 34-57-5-11 Appeals
Sec. 11. An appeal may be taken after the entry of judgment under
section 7(d) of this chapter as may be taken after a judgment in a
civil action. As added by P.L.112-2005, SEC.2.
IC 34-57-5-12 Family law arbitrator fees
Sec. 12. (a) Except as provided in subsection (b), fees for the
family law arbitrator shall be shared equally by both parties unless
otherwise agreed in writing.
(b) The family law arbitrator may order a party to pay:
(1) a reasonable amount for the cost to the other party of:
(A) maintaining; or
(B) defending;
any proceeding under this chapter; and
(2) attorney's fees, including:
(A) amounts for legal services provided; and
(B) costs incurred:
(i) before the commencement of the proceedings; or
(ii) after entry of judgment.
(c) Fees for the family law arbitrator shall be paid not later than
thirty (30) days after the court enters judgment. As added by P.L.112-2005, SEC.2.
IC 34-57-5-13 Application of Indiana Supreme Court Rules for Alternative
Dispute Resolution
Sec. 13. The Indiana Supreme Court Rules for Alternative Dispute
Resolution apply to family law arbitration in all matters not covered
by this chapter. As added by P.L.112-2005, SEC.2.
