9.0/10 (6350 reviews)
lawdepot.com has been visited by 100K+ users in the past month
Legal Forms for Business & Personal Use. Create Your Free Legal Document Today. Print or Download Your Customized Legal Separation Form in 5-10 Minutes for Free.
A+ Highest Rating - Better Business Bureau
Easy Fill-In Templates. Create Your Personalized Online Divorce in Minutes. Free Fill-In Legal Separation Agreement Templates. Edit and Download Instantly.
Rated A+ - Better Business Bureau (BBB)
Search results
“no-fault” divorce
- The Indiana divorce laws allow for “no-fault” divorce. In other words, the filing spouse does not need to prove wrongdoing by the other party. Instead, it is sufficient to state on the divorce petition that there has been an ‘irretrievable breakdown’ of the marriage.
www.indyjustice.com/blog/divorce/indiana-divorce-laws/
People also ask
What is a 'no-fault' divorce in Indiana?
What happens before a divorce is finalized in Indiana?
How does divorce work in Indiana?
Should I hire a divorce attorney in Indiana?
May 10, 2023 · Divorce in Indiana can be fault-based or no-fault. Find out how Indiana divorce laws are unique and everything you need to know to file.
- The cost to file with a court in Indiana, as of 2021, was $157. This does not include any fees associated with having the other party served or get...
- In Indiana, a fault-based divorce can only be based on specific, limited issues (felony conviction, impotence, insanity). Adultery during the marri...
- If there are no disagreements on the issues involved in the divorce, it’s possible to have your divorce finalized in just over 60 days. Indiana sta...
Divorce Without Children When Spouses Agree. This form packet may be helpful if you would like to ask the court for a divorce when there are NO minor children involved and you and your spouse agree on how property and debts should be divided.
- Equitable Distribution & Asset Division
- Support Issues
- Custody and Visitation
- Process
- Other Issues
Marital Property and Division of Assets in Indiana
Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when dividing assets. These factors include: 1. the contribution of each spouse to the acquisition of property, regardless of whether the contribution was income producing 2. the extent to which the property wa...
Debts
There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.
Gifts
Gifts given to only one spouse in Indiana are considered separate property. A spouse must be able to prove that the gift was given only to them. In cases where gifts are commingled, they may become marital assets. Courts will have a certain amount of discretion to determine if a gift is a separate or a marital asset in these situations.
Spousal Maintenance in Indiana
There are several factors that will determine if spousal maintenance (alimony) in Indiana should be awarded or not. Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years from the date of the final decree. Factors determining maintenance include: 1. The education level of each spouse 2. Whether or not the requesting spouse is physically and mentally able to support themselves...
Child Support in Indiana
Indiana uses the Income Shares Model for calculating child support. This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses. Courts consider relevant factors such as the overall financial resources of each parent, the standard of living the child would have enjoyed if the marriage had not ended, the physical and mental condition of the child...
Child Custody in Indiana
Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating circumstances that could endanger the child, such as domestic violence or drug abuse. Courts consider several factors when determining child custody in Indiana. Some of these include: 1. The age and sex of the...
Substance Abuse
By itself, substance abuse is not considered one of the grounds for divorce in Indiana. However, if the use of drugs or alcohol is present in a marriage it could impact parts of the divorce settlement. Specifically, any drug use that negatively impacts children or a parent’s ability to care for children will lessen the possibility of gaining custody. Substance abuse should be documented if it could impact a divorce settlement. This can be done by testing, testimony from family members or from...
Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized. These issues are set aside and decided separately at a later date. Bifurcation of marital status is allowed in Indiana, but...
Disclosing Assets
As part of the divorce process, both spouses must provide financial disclosures. This includes, assets, income and debts. This is so equitable distribution can take place in an appropriate way. Any attempt to hide assets could result in serious repercussions. If one spouse suspects that the other is not forthcoming, there are legal remedies to compel the disclosure of assets to ensure a spouse receives the information to which they are legally entitled. Learn More: How to Find Hidden Assets i...
Spouse’s Default
When a spouse files a petition for divorce in Indiana and the other spouse cannot be found or does not respond in a timely manner, the court can grant a divorce through a default judgment. A petitioner must conduct a good faith effort to prove that he or she has made a diligent effort to find or contact a spouse. The court will require these efforts to be documented. If a spouse does not respond, they forfeit their right to contest any terms of the divorce, including important issues such as...
Domestic Violence
Domestic violence in Indiana can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secondary to the immediate safety concerns of a spouse or children who may be in immediate danger. When domestic violence is present in a marriage, a victim can seek immediate relief by requesting a Petition fo...
Health Insurance
Indiana courts generally require that both parties maintain status quo when it comes to health insurance during a divorce. However, after a divorce is granted, this does not mean that health insurance is required to continue. In fact, most employers will not carry an ex-spouse after a divorce as a matter of policy. If a child is covered by a spouse’s health insurance plan prior to the initiation of a divorce proceeding, the parent who holds the plan cannot cancel the policy while the divorce...
Infidelity and Adultery
Infidelity and adultery take place when a spouse has sex voluntarily with someone other than their spouse while they are still married. In Indiana, this is not considered one of the grounds that can be used in a fault-based divorce. It will not have a bearing on whether a court decides to grant a divorce or not. However, adultery may have an impact on whether or not to award alimony. Judges are allowed to consider marital misconduct as a factor when making decisions about alimony.
Oct 10, 2011 · The no-fault ground (reason) for divorce in Indiana is the "irretrievable breakdown" of the marriage. (Ind. Code § 31-15-2-3 (1) (2021).) The key issue is whether there is any possibility that the spouses can reconcile. If not, the court will grant the divorce on this ground.
May 14, 2024 · The Indiana divorce laws allow for “no-fault” divorce. In other words, the filing spouse does not need to prove wrongdoing by the other party. Instead, it is sufficient to state on the divorce petition that there has been an ‘irretrievable breakdown’ of the marriage.
Before the court finalizes the divorce, the couple must decide how they will divide their shared assets, how parenting time will be arranged for any shared children, and several other important factors. Look through our self-help forms, videos, and linked resources on Divorce in the state of Indiana.
Aug 29, 2024 · According to IC § 31-15-2-3, there are three eligible grounds for at-fault divorce: Felony conviction after marriage. Impotence at the time of marriage.
