Getting a divorce is an extremely difficult time in a person’s life. It creates both economic and emotional hardships on the family, and can affect both extended family and friends. In Indiana, one must follow certain procedures in order to file a divorce properly. The last thing one needs is the legal burden that accompanies a divorce. Let experienced Indiana Divorce Attorney Chris Arrington help. He will take on the burden of the legal process while you move forward with your life. Please call today if you are contemplating divorce or have been served with divorce papers.
Grounds for Divorce in Indiana
In Indiana, a divorce is obtainable under a number of circumstances. Indiana’s divorce law allows for a divorce when the marriage is irreparably broken. Fault on the part of either spouse is irrelevant when the court makes this determination. A no-fault divorce is obtainable when the marriage is broken beyond repair.
Indiana also allows divorce under three fault-based grounds. First, a divorce is obtainable when one of the spouses is convicted of a felony during the marriage. Second, a divorce is obtainable because of impotence existing at the time of the marriage. Lastly, a divorce is obtainable when the court determines one spouse experiences incurable insanity for at least two years.
Residency Requirement for Divorce in Indiana
In order to file for divorce in Indiana, certain residency requirement must be met:
- One or both spouses was a resident of Indiana, or stationed at a United States military institution within Indiana, for at least six months leading up to the filing of the divorce;
- One or both spouses was a resident of the county where the divorce petition is filed, or stationed at a United States military installation within the county, for at least three months leading up to the filing of the divorce.
After you file your divorce petition, as long as you do not have children, you are not required to remain in Indiana during the pendency of the divorce. You only need to meet the residency requirements at the time the divorce petition is filed.
60 Day Waiting Period
In Indiana, there is a minimum 60 day waiting period from the time a divorce petition is filed before a final decree of divorce is ordered. How busy the courthouse you filed your divorce petition in and the particular issues of your divorce case will determine how much longer after 60 days you will obtain your divorce.
Contact an Indiana Divorce Attorney Today
If you are in need of a divorce or have been served divorce papers, contact Chris Arrington today. He is an experienced Avon, Plainfield, Brownsburg, and Danville divorce lawyer, and he will take on the burden of the legal process while you move forward with your life.