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How to File for Divorce in Indiana

When couples enter into marriage, it is usually with a long view of their futures together and the anticipated happiness they will share. Unless a couple executed a prenuptial agreement, it is unlikely they had conversations about who would get what in the event of a divorce. While the divorce rate has declined over the past few years according to data from the U.S. Census Bureau, it still remains the avenue chosen by many couples who determine that marriage is no longer a viable option. A recent study found that the four most common factors divorcing couples identified as the main considerations when making their decision were children, happiness, money, and love. These issues are important themes in everyone’s life, and illustrate why the divorce process is so difficult and emotional. Knowing how to file for divorce, and what to expect during the process can make it a little bit easier to get through because it gives a person some grounding so they are not left to delve forward into the complete unknown. While the divorce process in most States is very similar, each has its own idiosyncrasies. Consequently, an overview of how a divorce case proceeds through the courts in Indiana will follow below.

Grounds for Divorce

Indiana, like many States, allows for no-fault divorces. This means a spouse does not have to prove the other spouse did anything wrong, just that the marriage is irretrievably broken. While this is the basis most divorcing couples use to justify ending a marriage, Indiana does have three other grounds for divorce. These additional grounds are fault-based, and require a spouse to prove the existence of a particular fact before a court can dissolve a marriage. The other three grounds are: conviction of a felony after marriage, impotence at the time of the marriage, and insanity of either spouse for at least two years.

Residency

In order for a couple to legally divorce in Indiana, one must be a resident of the state for at least six months, and a resident of the same county for at least three months, prior to filing for divorce. Members of the military stationed at a base in this state are also eligible to file for divorce as long as they meet the six and three month residency requirements.

How Quickly a Court Can Issue a Divorce Decree

Indiana law requires at least 60 days between the time the divorce petition is filed and the final order dissolving the marriage is issued by the court. Of course, if the spouses dispute any aspect of the divorce agreement, the timeline will be longer. Further, if the spouses share children, the process can easily take several months before it the divorce is finalized.

Issues Decided in Divorce

Typically, there are three main issues that must be resolved in a divorce case: property division, child support, and child custody.

Property division is done under a just and equitable standard in Indiana, which means the court will divide the property in accordance with what is fair. It is important to note that Indiana has a presumption that property will be divided equally, but this standard can be rebutted by a party through presenting evidence that equal division would be unreasonable.

Child custody is one area in particular that the courts prefer the parties reach their own agreements, but if that is not possible, a court will decide which parent receives primary custody based on the best interests of the child.

Finally, child support must be paid by the non-custodial parent according to State guidelines that look at a parent’s income, health care expenses and other factors that determine the monthly payment amount.

Talk to a Divorce Lawyer

Deciding to get divorced is a difficult decision, but there are ways to make the divorce process less painful and protracted. Working with a divorce attorney can take away the stress of figuring out when and where things need to be filed and what information a court needs to finalize the divorce. Christopher L. Arrington represents divorce clients in the Indianapolis area, and he can help you make a fresh start. Contact him to schedule an appointment.



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