Indiana State Divorce Law

Indiana requires those filing a Petition of Dissolution of Marriage in either Superior Court or Circuit Court to reside in the state for at least 6 months and in the filing county for at least 3 months.

Indiana Grounds for Divorce

Indiana provides its residents with the option to file for either a no-fault or a fault-based divorce, depending on their circumstances.

Uncontested Divorce in Indiana

A summary dissolution of marriage, or an uncontested divorce, can occur if at least 60 days have passed since the petition was filed, it was signed by both parties, both parties wave a hearing, and there are no contested issues or there is a written agreement settling those issues.

Contested Divorce in Indiana

If the parties seeking a divorce in Indiana cannot agree on all the elements of the divorce, they must pursue a contested divorce, which is generally more complex, costly, and time consuming. In addition, it can rarely be processed without the help of an experienced divorce attorney.

Annulment in Indiana

If there is cause to legally have a marriage declared void, or as if it had never occurred, the parties will file for an annulment. Proving the grounds for an annulment can be difficult:

• Duress
• Fraud or misrepresentation
• Incest
• Physical disability which hinders a normal married life
• Mental illness (permanent or temporary)
• Bigamy

No Fault Divorce in Indiana

In Indiana, there is only one basis for filing a no-fault divorce: the irretrievable breakdown of the marriage.

Indiana Fault Divorce

A fault-based divorce in Indiana can be filed based on the following grounds:

• Felony conviction
• Impotence that has existed since the inception of the marriage
• Incurable insanity lasting 2 years or more

Indiana Divorce and Child Custody

Child Custody Laws

When determining the custody of a child of divorce, there are many elements to consider. In the state of Indiana, the primary factors include:

• The child’s age and sex
• The parents’ wishes
• The child’s wishes, especially for children who are 14 or older
• The relationship of the child with parents, siblings, and others who may have an influence on the child
• The adjustment of the child to home, school, and the community
• The mental and physical condition of all concerned
• Any evidence of domestic or family violence
• Any evidence that the child has been under the care of a de facto custodian

Child Alimony

A court may order reasonable child support to either parent based on a number of factors, regardless of marital fault:

• The standard of living the child would have enjoyed without the divorce
• The physical, emotional, and educational needs of the child
• The financial resources, needs, and obligations of the parents

Indiana courts base child support calculations on the Income Share Model, and make use of Child Support Worksheets.

Indiana Divorce Spousal Support

When courts award spousal support to one of the parties, the following conditions are taken into consideration:

• Physical or mental incapacitation making it impossible for the custodial parent to care for the child without support
• The custodial parent has insufficient assets to care for the child
• The education and earning capacity of each spouse, including one who may have sacrificed those opportunities to further the career of the other
• The time and cost of preparing the dependent spouse to find or prepare for employment

Lump Sum Alimony

Determined at the discretion of the court.

Permanent Alimony

Determined at the discretion of the court

Temporary Spousal Support

Determined at the discretion of the court

Rehabilitative Alimony

Determined at the discretion of the court

Military Divorce in Indiana

Spouses in the military are protected by Indiana law in several ways:

• Divorce papers must be service to the recipient personally
• If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
• Proceedings may be postponed throughout the party’s service and up to 60 days after
• Direct payment of retirement pay is provided to spouses married 10 years or longer
• Child support is not to exceed 60% of serviceperson’s pay and allowances

Help From An Indiana Divorce Lawyer?

Due to the simplicity of the summary, no-fault, and uncontested divorce in Indiana, those pursuing those actions may not need to consult a divorce lawyer to represent them. However, there are many couples who have situations that are much more complex and that would require the assistance of a legal advisor to help them procure the rights and benefits to which they are entitled under Indiana law.