Divorce rate for Indiana State was not known for almost few last decades. The reason was that divorce rate exceeded the proportion at which people were getting married. Earlier divorce rate according to the year 1998 was 5.8% per 1,000 of the population. The up to date statistics have calculated it at 0.38% per person per year.
Indiana has both no-fault and fault divorce grounds on the basis of which divorce is granted. Generally the no-fault divorces take more time and are contestable. However to get a divorce on fault ground, you have to come up with a valid fault ground recognized by Indiana divorce laws.
In Indiana divorces are more common than annulment, because divorces are easier to seek. Annulment requirements are severer than the requirements for getting a divorce. Furthermore there are strict time limits for seeking an annulment.
Divorce Grounds in Indiana
Divorce grounds in Indiana are divided into:
No-Fault Divorce Grounds in Indiana
There is only one no-fault divorce ground in Indiana, which is:
Irretrievable Breakdown of Marriage
Irretrivable breakdown of marrriage is a common divorce ground in Indiana. Irretrievable breakdown of the marriage stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can file for divorce if so is the case under this divorce ground in Indiana.
Fault Divorce Grounds in Indiana
Fault divorce grounds in Indiana are:
Conviction of a Felony
Conviction of felony is a legal divorce ground in Indiana. Involvement of any of the spouses in crimes seriously affects a marriage. Therefore you can seek divorce from a spouse who is involved in crimes.
Impotency is another fault divorce ground in Indiana. Sterility and impotency of your spouse validates your claim for divorce.
Incurable insanity is a state in which a person looses his senses with no hope of cure. You can file for a divorce decree if your spouse is suffering from incurable insanity.
Contact a professional divorce attorney or divorce lawyer for detailed inforamtion regarding divorce grounds in Indiana.
Indiana Divorce Laws
Indiana has following divorce laws:
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:
- 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.
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 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.
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.
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.
Indiana Divorce Laws Frequently Asked Questions
- How long must I have resided in the State of Indiana to file for divorce?
Under the provisions of the Indiana divorce law you are required at minimum to be a resident of the State for at least 180 days or 6 months before being able to file for divorce.
- What if my spouse doesn’t reside in the State of Indiana?
Under the Indiana divorce law there are no requirements for your spouse to reside in the State of Indiana. However, this brings complications to your divorce process.
- What complications?
Under the Indiana divorce law your spouse is required to be served with divorce papers to inform him/her of the divorce complaint that you have filed in Indiana. Since your spouse isn’t in Indiana you will need a server to serve this notice requiring more paper work, more time and more money.
- How long will it take for me get my divorce?
Each marriage is unique and each divorce case is certainly unique. There is no formula to calculate how long it will take to settle your divorce. The more complicated the divorce the more time it will take to be decreed by the court.
- What is the filing fee for divorce in Indiana?
Different counties in Indiana have different filing fee for divorce.
- How do Indiana divorce lawyers charge their clients?
Indiana divorce lawyers have an hourly rate that they charge their clients on.
- How much will my divorce cost me?
Each divorce case is unique and the costs depend on the time it takes to settle your divorce.
- Do I require the services of an Indiana divorce lawyer?
The law does give you the right to represent yourself in court, but, it advisable not to do so. An Indiana divorce lawyer understands the divorce process much better and will represent your interests better in court.
- Can my spouse and I survive the divorce process with just one Indiana divorce lawyer?
No, you both will have to be represented separately in court but, it is possible to hire the same Indiana divorce lawyer to do the paper work.
- Is a common law marriage legally recognized in Indiana?
No, Indiana doesn’t recognize common law marriages.
- Is Indiana a No-Fault State?
Yes, marriages in Indiana are dissolved with no fault divorces.