Divorce can be an emotionally taxing and complex process, and every state has its own set of rules and procedures. For those residing in Indiana, it’s essential to understand the specifics of Indiana law when navigating the divorce process. In this article, we’ll provide a comprehensive overview of divorce cases in the Hoosier State. Contact us today for a free case review.
Grounds for Divorce
In Indiana, couples can file for divorce under the “no-fault” system, which means they don’t need to provide a specific reason for seeking a divorce, other than stating that there has been an “irretrievable breakdown” of the marriage. However, there are fault-based grounds as well, which include:
- Conviction of a felony post-marriage
- Impotence
- Incurable insanity for a minimum of two years
Residency Requirements
To file for divorce in Indiana, at least one spouse must have been a resident or stationed at a military base within the state for a minimum of six months immediately before filing. They must also have been a resident in the county for at least three months.
Property Division
Indiana follows the “equitable distribution” model for property division. This means that marital property (assets acquired during the marriage) will be divided fairly, though not necessarily equally. Factors considered include:
- The contribution of each spouse to the acquisition of property
- Economic circumstances of each spouse at the time of the divorce
- Conduct of the parties during the marriage (in specific cases)
Child Custody and Support
When it comes to matters of the heart, especially children, the court always considers the best interests of the child. Factors include:
- Age and gender of the child
- Wishes of the child and parents
- Adjustment to school, home, and community
- Mental and physical health of all involved parties
Child support is determined by the Income Shares Model, considering both parents’ incomes and the needs of the child.
Spousal Maintenance
Also known as alimony, spousal maintenance is not automatically granted. Factors that may influence maintenance include:
- Financial situation of the spouse seeking maintenance
- Time needed for the spouse to acquire necessary education or training for employment
- Standard of living during the marriage
- Duration of the marriage
Finalizing the Divorce
Once all aspects, such as asset division, child custody, and support, have been addressed, the divorce can be finalized. If both parties agree on all terms, the process is more streamlined. If not, the court will decide on the unresolved issues. After a waiting period of 60 days from the date of filing, the divorce can be finalized.
Conclusion
While this overview provides a basic understanding of divorce proceedings in Indiana, every case has its unique challenges. It’s crucial to consult with a knowledgeable attorney familiar with Indiana divorce laws to navigate the process effectively and ensure your rights and interests are protected.