Indiana divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Indiana divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Indiana requires those filing a Petition of Dissolution of Marriage in either Superior Court or Circuit Court to reside in the state for at least 6 months and in the filing county for at least 3 months.
Indiana Grounds for Divorce
Indiana provides its residents with the option to file for either a no-fault or a fault-based divorce, depending on their circumstances.
Uncontested Divorce in Indiana
A summary dissolution of marriage, or an uncontested divorce, can occur if at least 60 days have passed since the petition was filed, it was signed by both parties, both parties wave a hearing, and there are no contested issues or there is a written agreement settling those issues.
Contested Divorce in Indiana
If the parties seeking a divorce in Indiana cannot agree on all the elements of the divorce, they must pursue a contested divorce, which is generally more complex, costly, and time consuming. In addition, it can rarely be processed without the help of an experienced divorce attorney.
Annulment in Indiana
If there is cause to legally have a marriage declared void, or as if it had never occurred, the parties will file for an annulment. Proving the grounds for an annulment can be difficult:
- Duress
- Fraud or misrepresentation
- Incest
- Physical disability which hinders a normal married life
- Mental illness (permanent or temporary)
- Bigamy
No Fault Divorce in Indiana
In Indiana, there is only one basis for filing a no-fault divorce: the irretrievable breakdown of the marriage.
Indiana Fault Divorce
A fault-based divorce in Indiana can be filed based on the following grounds:
- Felony conviction
- Impotence that has existed since the inception of the marriage
- Incurable insanity lasting 2 years or more
Indiana Divorce and Child Custody
Child Custody Laws
When determining the custody of a child of divorce, there are many elements to consider. In the state of Indiana, the primary factors include:
- The child’s age and sex
- The parents’ wishes
- The child’s wishes, especially for children who are 14 or older
- The relationship of the child with parents, siblings, and others who may have an influence on the child
- The adjustment of the child to home, school, and the community
- The mental and physical condition of all concerned
- Any evidence of domestic or family violence
- Any evidence that the child has been under the care of a de facto custodian
Child Alimony
A court may order reasonable child support to either parent based on a number of factors, regardless of marital fault:
- The standard of living the child would have enjoyed without the divorce
- The physical, emotional, and educational needs of the child
- The financial resources, needs, and obligations of the parents
Indiana courts base child support calculations on the Income Share Model, and make use of Child Support Worksheets.
Indiana Divorce Spousal Support
When courts award spousal support to one of the parties, the following conditions are taken into consideration:
- Physical or mental incapacitation making it impossible for the custodial parent to care for the child without support
- The custodial parent has insufficient assets to care for the child
- The education and earning capacity of each spouse, including one who may have sacrificed those opportunities to further the career of the other
- The time and cost of preparing the dependent spouse to find or prepare for employment
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Indiana
Spouses in the military are protected by Indiana law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From An Indiana Divorce Lawyer?
Due to the simplicity of the summary, no-fault, and uncontested divorce in Indiana, those pursuing those actions may not need to consult a divorce lawyer to represent them, and a “Do It Yourself” divorce filing using the divorce forms and instructions found here on Good Divorce Lawyers might be good enough. However, there are many couples who have situations that are much more complex and that would require the assistance of a legal advisor to help them procure the rights and benefits to which they are entitled under Indiana law.
Copyright Notice: The above abbreviated synopsis of Indiana state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.