Indiana Divorce Laws - What You Need to Know!
When couples in Indiana decide their marriage is over, they will likely decide to turn to the court system to file for a divorce. There are several considerations that must be factored into the decision. The grounds for the divorce, the waiting period, property division, alimony, child custody, and child support must all be considered.
Fault or No-Fault Divorce
In Indiana, a person petitioning the court for a divorce can file for a fault divorce or a no-fault divorce. A fault divorce means that one person did something that ended the marriage. The grounds for a fault divorce include incurable insanity, impotence, or a felony conviction during the marriage. In the case of the incurable insanity cause, the condition must last at least two years.
If the marriage is simply over but nobody is at fault, the solution might be a no-fault divorce. This means that there isn't any need to produce evidence about a situation that broke the marriage. This is called an irretrievable breakdown of the marriage.
Residency and Waiting Period
There are two residency requirements for getting a divorce in Indiana. A petitioner must be a resident of the county in which the petition will be filed for the three months prior to the filing date. In addition, the petitioner must be a resident of the state for the six months prior to filing the petition. Once the petition has been filed, there is a minimum waiting period of 60 days before the divorce can be finalized.
Parties getting divorced in Indiana have three options for dealing with property division. The first, a division based on a prenuptial agreement, is only valid if there is a legal and binding prenuptial agreement for them to follow. The second is to come to a signed agreement to present to the court for approval. The third is to allow the court to split the property.
Property division in Indiana is done on the basis of equitable distribution. This means that if the court decides how to divide property, there is a chance that the parties won't get equal shares. Instead, the court divides the property based on what is fair.
In Indiana, a court can order alimony during the separation period and after the divorce. Instead of looking only at the income differences between the spouses, the court looks at the ability of each spouse to be self-sufficient. This means looking at each spouse's education, work training, and property. The person paying alimony can ask the court to change the order if circumstances change enough to warrant the change.
Child Custody and Child Support
Child custody in Indiana is based on the best interests of the child. If the child is over 14 years old, the child can make his or her wishes known to the court. The relationship between the child and each parent, as well as the living conditions of each home, are taken into account.
Parents in Indiana pay child support longer than most other states. Child support can last until the child 21 years old as long as the child is in school. If the child is over 18 years old and not in school, the child support might stop if the child is able to be self-sufficient. If a child joins the armed forces, gets married, doesn't live with a parent, or is considered emancipated, the child support will stop.
Indiana has a lot of interesting factors involved in getting a divorce. Individuals who are seeking a divorce in Indiana should work with an experienced Indiana divorce attorney to ensure they understand their rights and responsibilities.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.