The reasons leading a couple to divorce can vary widely, but only a few legal grounds exist that a court will recognize as sufficient reasons to dissolve the marriage. While divorce is one of the more routine legal actions filed in this country, and may appear to be a perfunctory step to moving on, an established legal process does exist that must be followed before a valid divorce will be issued. In fact, it can be easy to take the right to and ease of divorce for granted, and it is easier to obtain today than in times past. However, certain guidelines must be met before a court has the authority to grant a divorce, and one of these requirements is establishing sufficient grounds under Indiana divorce law that are used to authorize the dissolution of marriage.
Obtaining divorce in America is easier compared with other countries, and a recent story out of London highlights this point. A British woman was denied a divorce from her husband of 40 years because she did not show one of several limited grounds permitted under English law (unreasonable behavior, adultery, desertion, or a separation of at least five years, unless both spouses agree). Indiana has both fault- and no-fault- based divorce, and a discussion of the applicable grounds, and how to prove them, will follow below.
Fault-Based Divorce
Traditionally, and still applicable in many parts of the world, a divorce will only be granted if the failure of the marriage could be attributed to the fault of the other spouse. Fault is usually tied to bad acts by the other party or the existence of a situation that renders the continuance of the marriage untenable. While many states have drastically reduced or eliminated fault-based divorce, Indiana still retains a few select situations that qualify for this process, and they are:
- A felony conviction for either spouse after marriage;
- Impotence at the time of the marriage; and
- Incurable insanity for at least two years.
Why a spouse would choose fault over no-fault divorce may not be readily apparent. However, if fault can be established, the 60-day waiting period applicable to no-fault divorce petitions is waived, and the innocent spouse may be entitled to a greater share of the marital estate and sole custody of any children.
No-Fault Divorce
No-fault divorce is the type most Americans know, and assume will control the divorce process. This basis is certainly the most commonly used, as it allows for divorce in almost any marriage. Similar to other States, Indiana says that if a marriage has sustained an “irretrievable breakdown,” a divorce may be granted. While the other spouse can contest the need for divorce, such disagreement does, in and of itself, indicate the marriage is broken. Consequently, it is rare that a no-fault divorce will not be granted on the finding the marriage is intact and salvageable.
Simply because a divorce is grounded in a no-fault claim does not mean issues will go uncontested. The other spouse is free to challenge demands for spousal maintenance, child custody, and property division, as well as other divorce-related issues. Thus, spouses seeking no-fault divorce need to be prepared for the possibility that they will need to fight for issues that are important to them. Having an experienced divorce attorney working on one’s behalf, though, makes this process much less daunting, and a favorable outcome more achievable.
Get Legal Advice
There is a long list of decisions that must be made when you get divorced, and it is easy to become overwhelmed by the complexity of the process and potentially miss key matters. Christopher L. Arrington, P.C. understands the stress you are experiencing, and can offer the support and guidance you need to get through this event as seamlessly as possible. Contact the Danville office today to schedule an appointment.