Overview of Divorce in Indiana

The following is an overview of divorce in Indiana. Dissolution of marriage in Indiana may be filed as either fault or no-fault, with property divided according to the “equitable distribution” principle, and spouse and child support determined according to the income shares model.

Residency and Filing Requirements

If one or both parties have been a resident of Indiana, or stationed at a US military installation in Indiana for at least six months, they may file for dissolution of marriage in Indiana.

Grounds for Filing

The petitioner may file for either a Fault or No-Fault dissolution of marriage in Indiana. No Fault dissolution of marriage is filed solely on grounds of the irretrievable breakdown of the marriage.

Fault dissolution of marriage may be filed on grounds of impotence, incurable insanity of either party for at least two years, or the conviction of either parties of a felony.

If you need legal assistance with a divorce filing or case, please consult with a Divorce Lawyer in your area to discuss the details of your case. The content of this article is provided for informational purposes only.

Property Distribution

Indiana is an "equitable distribution" state. Property will therefore be divided fairly albeit not necessarily equally. If both parties fail to reach a settlement on property and debt, the court will distribute property, considering factors such as whether the property was owned by either spouse before marriage, whether acquired by either spouse in his or her own right or acquired by joint efforts.

Restoration or Name Change

A woman desiring the restoration of her maiden or previous married name must include this name as part of her petition for dissolution of marriage, and the court shall grant the name change upon entering the decree of dissolution.

Spousal Support

Not all cases involve temporary or permanent spousal support from one spouse to the other. This is decided on a case-by-case basis either through agreement by both parties or at the court's discretion.

The court may consider whether one or the other spouse is physically or mentally incapacitated, whether a spouse lacks sufficient property, whether the spouse has custody of a child whose physical or mental incapacity requires the custodian to forgo employment, and will consider the earning capacity of each spouse, among other factors.

Counseling or Mediation Requirements

When the court orders a case into mediation, it shall be placed in the court docket for a final hearing. Mediation must be completed within 60 day or the court’s order, unless the court grants an extension, or by agreement of the parties, or recommendation of the mediator, not to exceed the date of the final hearing.

Child Custody and Support

The courts of the state of Indiana will do everything within their power to help mitigate emotional trauma that may be inflicted on the children by the divorce. If the parents cannot agree on issues involving children, the court will decide custody.

Indiana uses the Income Shares Model for calculating child support proportionally according to each parent’s income.

The content of this article is provided for informational purposes only. If you need legal assistance with a divorce filing or case, please consult with a Divorce Lawyer in your area to discuss the details of your case.
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