Today, in America, all states provide for no-fault divorces. Some states only allow no-fault divorces, while others allow fault-based grounds to be entered into the record. Deciding whether to file for divorce on fault-based grounds or no-fault grounds requires the aid of a seasoned Danville, IN, divorce lawyer. In this article, our attorneys will discuss how Indiana law works when determining grounds for divorce.
Is Indiana a no-fault state when it comes to divorce?
Yes. Indiana allows both no-fault and fault-based divorces. No-fault bases for a divorce include the irretrievable breakdown of the marriage. In other words, both parties say that their marriage is no longer sustainable, and neither party wants to be a part of the marriage any longer. You and your spouse simply say that the marriage is irretrievably broken, and you both move forward on no-fault grounds.
In terms of fault grounds, Indiana provides three possibilities. Those include:
- Either party is convicted of a felony after the marriage began
- Either party is impotent (cannot engage in sexual activities) at the time of the marriage
- Either party experiences a period of “incurable insanity” lasting for a period of at least two years
If the court finds that one of the fault-based grounds is true, it will grant the dissolution of the marriage.
An irretrievable breakdown is considered grounds for a no-fault divorce. It essentially means that neither spouse will reconcile their differences, but it places the blame on neither party for the breakdown of the marriage. Nor does it require proof or arguments before the court. This differs significantly from fault-based grounds. Filing for divorce on no-fault grounds often makes the divorce less contentious, making it possible to part on better terms.
If you use fault-based grounds for the basis of your divorce, you do have the burden of proving that the other spouse contributed to the breakdown of the marriage. Note that Indiana, unlike other states, does not include marital misconduct in its fault-based grounds. This includes things like adultery, which may be important to the individual divorce case but cannot be used as grounds for divorce in Indiana.
How does marital misconduct affect a divorce?
This depends on the type of marital misconduct and its impact on the marriage. Something like adultery, for example, could impact how the marital estate is equitably divided. If, for example, one party spent a considerable amount of marital assets on a paramour, they would have used marital funds to do so, and the other party deserves to be compensated for that. Generally, Indiana will split the marital estate 50/50 between the spouses, but the court has the discretion to divide it unequally based on the individual case.
Talk to a Danville, IN, Divorce Lawyer Today
Chris Arrington represents the interests of those who are going through a divorce in Indiana. Call our office today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.