CHAPTER 1. DOMESTIC RELATIONS COURTS; PROVISION OF COUNSELING SERVICES
IC 31-12
ARTICLE 12. FAMILY LAW: DOMESTIC
RELATIONS COURTS
IC 31-12-1
Chapter 1. Domestic Relations Courts; Provision of Counseling
Services
IC 31-12-1-1
Determination of necessity to establish court
Sec. 1. (a) This chapter applies only in judicial circuits in which
the 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 full
and proper consideration of the cases and to carry out this chapter.
(b) The majority of the judges of the superior and circuit courts in
each 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 the
superior court, the judges of the superior and circuit courts may
annually, in January, designate one (1) or more of the judges to hear
all cases under this chapter. The designated judges shall hold as
many sessions of court each week as are necessary for the prompt
disposition 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 this
chapter 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 established
under this chapter, the domestic relations court has jurisdiction over
all 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 in
Indiana have over the causes of action listed in subsection (a). A
domestic relations court may dispose of the causes of action listed in
subsection (a) in the manner provided by statute for those causes of
action. However, this chapter grants supplemental powers to
domestic relations courts to aid the court in determining the
difference between the parties and in protecting the welfare and
rights 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 of
substitute
Sec. 5. (a) If a judge appointed to act as judge of the domestic
relations 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 may
appoint another of the judges to act as judge of the domestic relations
court during that period.
(b) A judge appointed under subsection (a) has all the powers and
authority of the judge of the domestic relations court in cases under
this 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 domestic
relations court
Sec. 6. The clerk of the courts in a judicial circuit in which a
domestic relations court is established shall file all cases listed in
section 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 action
in any domestic relations court established under this chapter.
However, the caption of the cause must show that the cause is filed
in 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 amicable
settlement
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 petition
invoking the jurisdiction of the court for:
(1) the purpose of preserving the marriage by effecting a
reconciliation between the parties; or
(2) the amicable settlement of the controversy between the
spouses 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 chapter
applies, 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 appointing
judge.
(b) The appointing judge shall fix the compensation and expense
of the personnel appointed under this chapter, which shall be paid
out 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 as
the 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 by
the judge of any domestic relations court, perform the following
duties in domestic relations cases and such other duties as the judge
of the domestic relations court assigns to the counselor:
(1) The domestic relations counselor shall promptly receive all
requests for counseling services for the purpose of disposing of
the requests under this chapter.
(2) Whenever a petition is filed and either party requests
counseling, the domestic relations counselor shall, in the
counselor's discretion:
(A) interview and counsel each plaintiff and, if feasible and
desirable, each defendant; or
(B) confer with both jointly;
for the purpose of reconciling the differences between the
parties and making recommendations to the judge of the
domestic relations court.
(3) In each case assigned to the domestic relations court in
which the custody, support, or welfare of a child is involved, in
order to protect and conserve the interest of the child, the
domestic 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 of
the welfare of the child; and
(D) any other matter pertaining to the marriage that may
affect the welfare of the child.
(4) Upon request of the domestic relations court judge, the
counselor shall:
(A) make post-dissolution studies of problems arising in
connection with child custody, support, and parenting time;
(B) provide assistance to the parties in the enforcement of
support orders; and
(C) cause reports to be made and statistics to be compiled,
which records and reports shall be kept as the judge of the
domestic relations court may direct.
(5) The counselor shall provide such supervision in connection
with the exercise of the jurisdiction of the domestic relations
court 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 from
among the domestic relations counselors one (1) counselor to act as
director of domestic relations counseling. The director shall:
(1) be responsible for receiving all applications and assignments
for counseling under the order of the court and assign the
applications to domestic relations counselors for further
counseling and proceedings under this chapter;
(2) cause reports to be made, statistics to be filed, and records
to be kept as the judge of the domestic relations court directs;
and
(3) act in a supervisory capacity to all other domestic relations
counselors so that the counselors promptly and properly act
upon 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 for
dissolution of marriage
Sec. 13. The:
(1) use of counseling service provided under this chapter; and
(2) action taken that has been recommended by the domestic
relations counselor;
is not condonation on the part of either spouse of acts that may
constitute 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 made
as a result of the communications from the parties to the judge, the
domestic relations counselor, or other person designated or
recommended under this chapter in a counseling or conciliation
proceeding:
(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 of
counseling services under this chapter is not effective, the court
shall, upon application of either party, set the cause for hearing on
the 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 counseling
proceedings, interviews, conferences, and communications that are
confidential under section 14 of this chapter.
(b) A domestic relations court established under this chapter is a
court of record and all proceedings in the court must be of record.
As added by P.L.1-1997, SEC.4.