Once a person really gets serious about the possibility of divorce, many questions about the legal process and the implications of ending the marriage often come up. Divorce is not an easy or fast decision for most spouses, but knowing what to expect once the wheels are put into motion may provide some peace of mind. Indiana has one of the highest divorce rates in the country, meaning that anyone going through this painful process is far from alone. For obvious reasons, the two main issues that drive couples to divorce are disagreements over finances and children, which are often the most contested matters in many divorce cases. While the ultimate goal is to sever all legal and relational ties, to the extent possible, the process of getting to this point should not be overlooked or rushed. The decisions made during divorce will still matter 10 years later, so striking the right balance is key to emerging from this process in a position to build a new life. A discussion on when a person may file for divorce in Indiana, and how the major issues are evaluated under Indiana law, will follow below.

When and How to File

Like most States, Indiana has no-fault divorce, which means either spouse can petition for the dissolution of the marriage and only needs to state that the marriage suffered from an “irretrievable breakdown” for a court to dissolve it. In addition, divorce will also be granted if any of the following circumstances are established:

• A spouse is convicted for a felony;
• Impotency at the time of the marriage; or
• A spouse suffers from incurable insanity for at least two years.

In addition, at least one spouse must be a resident of Indiana for six months prior to the divorce petition, and a resident of the county where the petition is filed for three months. The minimum amount of time that must pass after a petition is filed before a court can grant a divorce is six months, but unless all issues are settled, and a couple has no children together, expect that time period to be significantly longer.

Child Custody/Support

Courts evaluate the appropriateness of a child custody arrangement based on the best interests of the child, a standard that examines the ability of each parent to care for the child, and the particular needs of a child, especially according to the child’s age and current ability to adjust to the current living environment. One parent typically receives the bulk of the parenting responsibility, called the custodial parent, and the non-custodial parent is entitled to reasonable visitation, usually every other weekend and one night each week. Further, the non-custodial parent is normally required to pay child support, which is primarily calculated based on expenses related to the child and the income of each parent, and to provide health insurance coverage for the child. Non-custodial parents who are unemployed are usually still assumed to be capable of earning minimum wage, and child support will be calculated according to this assumption.

Property Division

Finally, absent an agreement between the parties, courts equally divide a couple’s property and assets, unless evidence is presented that an equal division would be unfair. Some issues that could persuade a court to give one spouse a greater share include:

• The contribution of each spouse toward the acquisition of property;
• How much property was acquired by a spouse before marriage or through inheritance or gift;
• The income or earning capacity of each spouse; and
• Whether a spouse dissipated or wasted marital assets.

Contact an Indiana Divorce Attorney

Many important issues must be settled in a divorce, and to ensure an agreement or court decision is as fair as possible, an experienced divorce attorney should be consulted to handle this process. Christopher L. Arrington, P.C. understands how overwhelming divorce is, and is available to answer your questions and take the burden of moving a divorce petition through the legal process off your shoulders. Contact the Danville office to schedule an appointment and learn more.