§ 34-57-5-2 — Family law arbitration authorized; family law arbitration procedures

Indiana § 34-57-5-2

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 57: ARBITRATION AND ALTERNATIVE DISPUTE
• Ch. 5: Family Law Arbitration

Text

(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.

Legislative History

As added by P.L.112-2005, SEC.2.