Indiana has following divorce laws:
Residency
Indiana divorce laws have set residency requirements. The residency period required is that at the time of the filing of a divorce request:
- At least one of the parties must have been a resident of Indiana or,
- Must have been instilled by the United States military within Indiana for six months or,
- Within county for three months immediately prior the filing of the divorce request
Documents Required for Filing Divorce
The important documents required, by Indiana divorce laws, for filing a divorce without which dissolution cannot be finalized are:
- Petition for Dissolution of Marriage and
- Final Dissolution of Marriage Decree
Besides these there are some other documents that are generally filed during the process. They include:
- Appearance
- Summons
- Settlement Agreement
- Decree of Dissolution of Marriage
- Declaration under the Uniform Child Custody Jurisdiction Act.
Distribution of Property
Indiana is considered as an "equitable distribution" state. The
marital property is subjected to equal (fair) distribution after divorce is announced. If the spouses fail to properly distribute the property, Indiana divorce laws require the divorce court to divide the property considering the following factors:
- Owned by either spouse before the marriage.
- Acquired by either spouse in own right after the marriage and before final separation.
- Acquired by their joint efforts.
Further more the court shall consider the economic circumstances of each spouse at the time of disposition of the property.
Change of Name or Restoration of Name
The wife can request for the restoration of her maiden name in petition for dissolution.
Mediation Counseling
The order for
Mediation counseling is placed before the court for final hearing. This process must not take more than sixty days after the order is entered. This period can be extended upon:
- The Court’s own proposal
- The Agreement of both the parties
- The recommendation of the mediator
But extension may not be granted beyond the final hearing date.
Alimony
Alimony is not always awarded in all cases. But in such cases, when both the parties agree or by court discretion, the financial assistance of one spouse is made obligatory to the other.
Child Custody
Children’s involvement in dissolution of marriage is a serious issue. Indiana divorce laws do their best to safeguard a child from adverse effects of a divorce. The parties are required to decide child custody on their own else the court ascertains the custody order at its prudence.
Child Support
Indiana divorce laws have
child support guidelines based on the Income Shares Model.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
