There are two types of states when it comes to family law in the U.S. Those are states that only permit no-fault grounds and states that permit both fault-based and no-fault grounds. Indiana allows for both fault-based and no-fault grounds for divorce but only permits fault-based grounds on two conditions. Danville, IN, divorce lawyer Chris Arrington explains how Indiana’s rules work for fault-based divorces and the key differences between no-fault and fault-based divorces.
Indiana permits no-fault grounds for divorce
Indiana is a no-fault state when it comes to divorce. It does, however, permit three fault-based grounds for filing a divorce in the state. These grounds are rarely used to dissolve a marriage. Fault-based grounds for divorce include:
- The impotence of either party that existed at the time of the marriage
- Incurable insanity lasting for a period of two years or more
- Either party being convicted of a felony after the marriage began
No-fault grounds for divorce include:
- An irretrievable breakdown of the marriage
If the courts find that one of these grounds is true, it will grant the dissolution of the marriage.
An irretrievable breakdown of the marriage is considered grounds for a no-fault divorce. Essentially, the spouses tell the court that there is no way that they can reconcile. A no-fault divorce does not blame either spouse for the breakdown of the marriage. It simply states that the marriage cannot be reconciled. Filing on no-fault grounds usually makes the process of divorce less contentious.
Those who file on fault-based grounds will need to prove that the other party is insane, impotent, or has a felony conviction. There are no grounds for divorce in Indiana that are based on misconduct during the marriage (like adultery). Adultery could, however, affect other aspects of the divorce.
How could marital misconduct impact my divorce?
Other states permit fault-based grounds such as adultery, cruel and inhumane treatment, and more. Indiana does not. Instead, allegations of misconduct could affect the divorce in other ways. If the marital misconduct committed in the relationship includes adultery, it could influence decisions regarding property division or alimony.
Generally speaking, property is divided in half in Indiana. That being said, the court could favor one spouse with a greater share of the marital estate than the other. If adultery played a role in the marriage, then the cheating spouse may have spent money (and wasted the marital estate) on their lover. The court will consider this “dissipation of marital assets” as a reason to award the other spouse a greater share of the marital estate.
Talk to a Danville, Indiana Divorce Lawyer Today
Chris Arrington represents the interests of divorcing couples in Danville, IN. Call our office today to schedule an appointment, and we can begin discussing key elements of your divorce, including equitable distribution of the marital estate, alimony, child custody and visitation, and child support.