For the most part, military divorces will play out the same way as civilian divorces in Indiana. However, there are some aspects of military divorce that are unique and can become quite complicated. It’s important for any military serviceman to consult with an Indiana divorce lawyer to ensure that their case is being handled properly. 

Filing for a Military Divorce in Indiana

Indiana is a no-fault state when it comes to divorce. No specific grounds need to be satisfied to begin a military divorce. Instead, both parties state that the marriage is irretrievably broken and that the parties meet the residency requirements listed under Indiana Code 31-15-2-6. These requirements include:

• One party must be stationed in a U.S. military installation in Indiana for at least six months before filing their divorce petition
• One party is stationed in a U.S. military installation within the county where the petition is filed for at least three months before they file their divorce petition

When those requirements are met, a servicemember (or spouse of a servicemember) can begin the divorce process by filing a petition for the dissolution of marriage in the Circuit or Superior Court of the Indiana county where they currently reside. The petition is a formal written request that asks the court to end your marriage. The petition will establish the official date of legal separation between the parties. This date will be important later in the divorce process when it comes to equitably distributing the marital estate. 

What Must My Petition for the Dissolution of Marriage Include?

Under Indiana Code 31-15-2-5, the divorce petition must include all of the following:

• The residence of each spouse, including the length of time they spent at their current residence in the county where the petition is filed
• The date of the marriage
• The date on which the spouses separated
• The name and address of each child of the marriage who is under the age of 21 or disabled
• The grounds for the divorce
• The relief sought in the divorce case
• A statement concerning whether either party is a lifetime sex or violent offender

Property Division During a Military Divorce

Importantly, your military pension is considered marital property and is thus subject to equitable distribution in Indiana if the pensioner has reached retirement eligibility. When determining how much of the pension a non-military spouse would receive, the judge uses a formula based on the number of years the couple was married while the spouse was in the military. 

A nonmilitary spouse may be able to continue to receive certain military benefits after the divorce is finalized. This includes healthcare. However, this only works if the military member has accrued 20 years of service and the marriage lasted at least 20 years. Alternatively, there can be a period of 20 years during which the service and marriage overlap. A nonmilitary spouse may be entitled to a portion of the military member’s retirement benefits if the marriage lasted at least 10 years while their spouse was on active duty. 

Talk to a Danville, IN, Military Divorce Lawyer Today

Chris Arrington represents the interests of military members during their divorce. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.