The road to divorce is usually long, and involves many side trips and diversions before separation and termination is ultimately reached. Once the decision is made that ending the marriage is best, the practical considerations of how to initiate this process begins. A reasonable question someone in this situation may have is what exactly does divorce mean? Also, what issues are decided, and how long will everything take? Despite the depictions on television that show divorce as a straightforward process, certain prerequisites must be met before one can petition an Indiana court to dissolve a marriage. An understanding of this basic information is needed to determine where to file for divorce as well as how to prepare for issues that must be settled as part of the divorce process. An overview of divorce procedure in Indiana will follow below.

Residency

In order for Indiana courts to have the authority or jurisdiction to dissolve a marriage, one or both parties must satisfy the residency requirement. Residency is established by living in the State for set period of time, and for purposes of divorce, that time is six months. In addition, active military stationed in Indiana for at least six months can also file for divorce in this State.

Grounds

Indiana courts may grant a divorce if any of the following are true:

• The marriage is irretrievably broken (no-fault divorce);
  Either spouse is convicted of a felony after marriage;
  Impotency from start of the marriage; or
  One spouse suffers from incurable insanity for at least two years.

Length of Time

The minimum amount of time that must pass before a divorce decree may be issued is 60 days. However, if children are involved or other issues are highly contested, the amount of time until the divorce is finalized could be longer.

Child Support/Child Custody

If a divorcing couple shares children, child custody and child support are often issues of contention. Generally, courts look to the best interests of the child when deciding custody matters, and do not favor either parent. The common arrangement is to have one parent with primary physical custody, the custodial parent, while granting the non-custodial parent reasonable visitation. Joint custody is the optimum choice for the child, and almost always requires the agreement by both parents to this arrangement before a court will consider this type of custody award.

On the issue of child support, one or both parents may be required to financially support the child, and this decision is primarily based on the financial resources of each parent and the child’s needs. In practice, one parent is typically ordered by the court to pay child support to the other. The amount set by the court is based on a parent’s monthly income and expenses, minus a credit for overnight visits with the child. Health insurance coverage must also be provided for the child if available at a reasonable cost, and is usually paid by the parent obligated to pay child support.

Property Division

The law on property division in divorce starts from the premise that an equal division is just and reasonable. However, a party does have the right to dispute this presumption, and can argue that an equal division would be unfair. Property owned by either spouse before marriage, acquired separately during marriage, or owned jointly is subject to division by a court. A court can order the division of property by any of the following:

• The sale of property and a division of the proceeds;
  Granting ownership to one party and requiring that party to pay the other the reasonable value of his/her share; or
  A physical division of the property.

What Dissolution Means

Marriage grants the spouses many legal rights that terminate upon divorce. A divorce decree takes away inheritance rights, access to employee benefits by a spouse and certain tax credits. However, it also releases both parties from obligations related to debt and liability in civil lawsuits. Thus, this process offers both benefits and disadvantages, outside of the emotional aspects, that should be considered before a final decision to initiate the divorce is made.

Contact a Divorce Attorney

If you are considering divorce, talk to a divorce attorney about how the law could affect the specific facts of your case. Attorney Christopher L. Arrington helps clients in the Indianapolis area with divorce and family law matters, and is ready to assist you with managing this overwhelming process. Contact him to schedule an appointment.