Question 1

How does Indiana divide marital property in divorce?

Accepted Answer

Indiana uses equitable distribution with a unique presumption that marital property should be divided equally (50/50). The court may deviate from equal division based on factors including each spouse's contribution, the economic circumstances of each spouse, conduct during the marriage, and the earnings or earning ability of each spouse. Unlike most equitable distribution states, Indiana begins with the presumption of equality, placing the burden on the party seeking an unequal division to justify the deviation.

Question 2

How do I form an LLC in Indiana?

Accepted Answer

To form an LLC in Indiana, file Articles of Organization with the Indiana Secretary of State and pay a $95 filing fee (online). You must designate a registered agent with an Indiana address. Indiana LLCs must file a biennial Business Entity Report with a $32 fee. An operating agreement is not required by law but is recommended. Indiana does not require publication of LLC formation notices. The state's low flat income tax rate of 3.05% makes it an attractive jurisdiction for business formation.

Question 3

What are Indiana's security deposit rules?

Accepted Answer

Indiana law (Ind. Code § 32-31-3) does not cap the amount of a security deposit. Landlords must return deposits within 45 days after the tenant vacates, along with an itemized list of damages. If the landlord fails to provide the itemized list, the entire deposit must be returned. Landlords are not required to pay interest on security deposits or hold them in a separate account. Tenants who believe their deposit was wrongfully withheld can seek recovery through small claims court.

Question 4

What are the requirements for a valid will in Indiana?

Accepted Answer

Under Indiana law (Ind. Code § 29-1-5), a valid will must be in writing, signed by the testator, and attested by two competent witnesses who sign in the presence of the testator. The testator must be at least 18 years old and of sound mind. Indiana does not recognize holographic (handwritten, unwitnessed) wills. Self-proving affidavits are recommended to streamline the probate process. Indiana probate courts handle estate administration and the state has adopted a simplified probate process for smaller estates.

Question 5

Is Indiana a right-to-work state?

Accepted Answer

Yes, Indiana enacted right-to-work legislation in 2012, making it the first state in the Rust Belt to do so. Under Indiana's right-to-work law (Ind. Code § 22-6-6), employees cannot be required to join a union or pay union dues as a condition of employment. This affects employment agreements and collective bargaining contracts in Indiana. Employers should ensure that employment documents comply with right-to-work provisions and do not include clauses requiring union membership or fee payment as conditions of employment.

Property Division	Equitable Distribution (presumption of equal division)
At-Will Employment	Yes (right-to-work state)
State Income Tax Rate	3.05% flat rate
Statewide Rent Control	No
LLC Formation Filing Fee	$95
Minimum Wage	$7.25/hr (federal minimum)
Online Notarization	Allowed
State Bar Association	https://www.inbar.org

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