Divorce Laws in Indiana

Indiana Divorce Laws: Exploring No-Fault and Fault Divorce Grounds

With a divorce rate of 0.38% per person per year, Indiana has seen a remarkable reduction in divorces since 1998, when the rate was 5.8%. But what are the grounds for divorce in Indiana?

No-Fault Divorce Grounds in Indiana

The only no-fault divorce ground in Indiana is irretrievable breakdown of marriage, which is when a marital relationship has broken down beyond any prospect of reconciliation. Couples can file for divorce under this ground if it applies.

Fault Divorce Grounds in Indiana

Fault divorce grounds in Indiana include:

• Conviction of a felony – if one of the spouses is involved in criminal activity, the other has grounds for divorce
• Impotence – sterility and impotency of one’s a divorce
• Incurable insanity – if one spouse is suffering from mental illness with no hope of cure, the other may file for a divorce decree

For more detailed information regarding divorce grounds in Indiana, it is best to consult a professional divorce attorney or divorce lawyer.

Indiana Divorce Laws

Divorce is often a difficult and emotional process, and understanding your state’s laws can be confusing and overwhelming. Fortunately, Indiana divorce laws provide a roadmap to help you navigate the process. Let’s take a look at some of the key points to keep in mind.

Residency Requirements

As established by Indiana divorce laws, at least one of the parties must be a resident of Indiana, or have been instilled by the United States military within Indiana for six months, or have been within the county for three months immediately prior to filing for divorce.

Documents Required for Filing

The two most important documents required for filing a divorce in Indiana according to the divorce laws are the Petition for Dissolution of Marriage and the Final Dissolution of Marriage Decree. Other documents that are generally filed during the process include an Appearance, Summons, Settlement Agreement, Decree of Dissolution of Marriage, and Declaration under the Uniform Child Custody Jurisdiction Act.

Distribution of Property

Indiana is an “equitable distribution” state, meaning that any marital property must be divided fairly after a divorce has been announced. If the spouses do not come to an agreement on how to divide their property, Indiana divorce laws require the court to divide the property based on a variety of factors, such as what was owned by either spouse before the marriage, what was acquired by either spouse in their own right after the marriage and before final separation, and what was acquired by their joint efforts. The economic circumstances of each spouse will also be taken into account.

Name Change/Restoration

The wife may request the restoration of her maiden name in the petition for dissolution.

Mediation Counseling

The court may order mediation counseling prior to the final hearing of the divorce. This process must not take longer than sixty days, and can be extended upon the court’s proposal, the agreement of both parties, or the recommendation of the mediator. However, the extension may not exceed the final hearing date.

Alimony

Alimony may be awarded in cases where both parties agree or as determined by the court, which requires one spouse to provide financial assistance to the other.

Child Custody and Support

Indiana divorce laws prioritize the safety and well-being of children, and encourage parents to come to an agreement on their own regarding child custody. Should they fail to do so, the court will make a decision based on what is best for the child. Child support is based on the Income Shares Model.

Divorce laws can vary from state to state, so it’s important to consult with a professional divorce attorney or divorce lawyer for comprehensive information on the laws in your state.

Indiana Divorce Laws – FAQs

If you’re considering a divorce in the state of Indiana, you’ll want to make sure you understand the ins and outs of the divorce laws. Here are some of the most commonly asked questions about Indiana divorce law.

How long must I have resided in the State of Indiana to file for divorce?

Under the provisions of the Indiana divorce law, you must be a resident of the state for a minimum of 180 days or 6 months before you can file for divorce.

What if my spouse doesn’t reside in the State of Indiana?

Under Indiana divorce law, there’s no requirement for your spouse to live in the state. However, this can complicate the process, as your spouse must be served with divorce papers to inform them of the complaint you’ve filed. This requires additional paperwork, time and money.

How long will it take for me get my divorce?

There’s no set formula for calculating how long your divorce will take. The more complex the divorce, the longer it will take for the court to issue a decree.

What is the filing fee for divorce in Indiana?

Filing fees for divorce vary from county to county.

How do Indiana divorce lawyers charge their clients?

Indiana divorce lawyers typically charge an hourly rate.

How much will my divorce cost me?

The cost of a divorce depends on how long the process takes. It’s impossible to predict an exact figure.

Do I require the services of an Indiana divorce lawyer?

The law allows you to represent yourself in court, but it’s not recommended. An Indiana divorce lawyer understands the process better and will be better suited to protect your interests.

Can my spouse and I survive the divorce process with just one Indiana divorce lawyer?

No, both parties must be represented separately in court. However, it is possible to hire the same lawyer to do the paperwork.

Is a common law marriage legally recognized in Indiana?

No, Indiana does not recognize common law marriages.

Is Indiana a No-Fault State?

Yes, marriages in Indiana are dissolved with no fault divorces.