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How Does Divorce Work for Same Sex Marriages in Indiana?

In 2014, Indiana recognized same-sex marriages as legally binding unions. For those same-sex couples that were waiting to get legal legitimacy to their relationship, this had to have been a day of rejoicing. Still, like with heterosexual couples, marriage is not always a confirmation and guarantee that a relationship will be everlasting and work out for the long term. Issues can come up that cause friction and damage to a relationship no matter who is involved. When problems are so consequential and unrelenting, ways to resolve these difficulties may be few and far between. As a result, there may be no other means to resort to but divorce. 

When same-sex couples find that upon marriage their union was not meant to last, just like heterosexual couples, they may opt to divorce. Divorce is typically not an easy life event to have to go through. It can be emotional and quite complicated for anyone to have to endure. If you have decided to proceed with divorce in Indiana, the Indiana divorce attorney Christopher L. Arrington can help you through every step of the process.

What Happens When Same-Sex Couples Divorce in Indiana?

If you are a part of a same-sex couple in Indiana and you have resided in the state for at least six months, then you are eligible to file a petition for divorce. You may either have grounds for divorce based on fault or no-fault. 

The fault would indicate that either you or your spouse did something that was the reason why the divorce is happening. One example would be if your spouse committed a crime and then was convicted of a felony. By contrast, a no-fault divorce would be if neither you nor your spouse did anything to cause the divorce to happen, but rather that the marriage just will not work out and existing issues cannot be repaired.

As your Indiana divorce moves forward you and your ex will have to address several issues with the two most important being:

  • Property Division: Indiana follows equitable distribution rules so, while what you may walk away with may not be exactly 50% of your marital assets, you should be granted a fair portion of them based on your and your ex-spouse’s specific circumstances. Considerations that will be used to determine fair equitability with respect to assets include the financial health of each party, how much and what contributions each party had with respect to assets, and tax implications of property division.
  • Child Custody: A judge will always take the best interests of minor children into account when determining custody. 

Speak to an Indiana Divorce Attorney Today

Once a divorce comes to a resolution and agreement, ultimately, the goal is to dissolve a marriage in a way where both parties can leave with a fair settlement so that they can resume their lives healthily and separately. 

For more information about divorce in Indiana, the Danville divorce attorney Christopher L. Arrington can meet with you during a free consultation to discuss your situation. Please call Christopher L. Arrington, Attorney at Law, P.C., today at (317) 745-4494.

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