The divorce process seems pretty straightforward when you see it on television, but there are a lot of considerations and steps that come before a court will order the marriage dissolved that never make it to TV. In fact, sometimes real-life divorce stories, like the one recently featured by ABC News, involve issues more disturbing than ideas conceived by Hollywood writers. In one instance, an Indiana orthopedic surgeon told his girlfriend about his detailed plan to kill his ex-wife in order to collect on a $1 million life insurance policy. While this man was already divorced, it still serves as an example of how complicated and messy relationships can be between former spouses. The mechanisms of the divorce process were designed to reduce ongoing conflict between ex-spouses once a divorce decree is issued. In order to help those who are contemplating divorce so they can make the best decisions possible, a brief overview of this process will appear below.
Grounds for Divorce and Residency Requirements
Indiana law provides four bases to justify a divorce. They are:
- The marriage is irretrievably broken;
- Either spouse is convicted of a felony after marriage;
- The husband is impotent at the time of the marriage; and
- Either spouse suffers from incurable insanity for at least two years.
Once it is determined that there are grounds for divorce, at least one spouse must satisfy the residency requirements to file a divorce petition in Indiana. The basic residency requirement provides that one spouse be a resident of the State, or a member of the U.S. military stationed in the State, for at least six months prior to filing a divorce petition. The specific court a petition is filed with also depends on establishing residency in a county for three months.
Child Support and Custody
Any divorce case involving minor or dependent children shared between the spouses includes judicial determinations about child custody and support. A child support order applies to children under the age of 21 or mentally incapacitated dependents unable to provide their own support. One or both parents may be ordered to pay child support and marital misconduct like adultery has no effect on who must pay or how much. Courts use a number of factors to determine the amount to pay based on income, expenses, and parenting time.
For child custody, any custody decision is based on the best interests of the child, and there is no presumption in favor of either parent. Some of the factors the courts use to make this decision include:
The parent’s wishes;
- The parent’s wishes;
- The child’s wishes, especially if he/she is 14 years or older;
- The relationship the child has with each parent; and
- How well the child is adjusted to particular home, school and/or community.
Property Division and Spousal Maintenance
Using factors like those employed for child support and custody determinations, judicial decisions on the award of spousal maintenance is dependent upon showing the court the existence of any of the following:
- Mental incapacity of a spouse that renders him/her unable to work;
- One spouse does not possess enough property to provide support; or
- A spouse must care for a dependent child with physical or mental disabilities that prevents the spouse from working.
A court may also award rehabilitative support for a specified period of time to allow one spouse to gain the education and/or job skills necessary to obtaining adequate employment.
Property division in Indiana starts from the assumption that all property should be equally divided between the parties. However, either party can challenge this presumption by explaining why an equal division would be unfair.
Final Hearing
At the final hearing, a court will enter an order dissolving the marriage, which is effective immediately. The final hearing cannot occur until at least 60 days have passed since the filing of the divorce petition. How long the process takes is tied to how many issues are disputed and how long it takes to come to an agreement.
Consult an Attorney
Each divorce case presents its own set of facts that determine how simple or complex the process will be. Working with a divorce attorney will help to ensure you know about all the facets of a divorce and receive the full benefit of the court’s consideration on all issues. Christopher L. Arrington, Attorney at Law, P.C., in the Indianapolis area, is an experienced family law lawyer and can assist you with your divorce. Contact him to schedule an appointment.