Indiana, known as the "Hoosier State," is a fascinating state located in the Midwest region of the United States. With its vast landscapes and diverse population, Indiana is the 38th largest state by land area in the country. And with nearly 6.8 million residents, it ranks as the 17th most populous state.
If you happen to be one of the many same-sex couples residing in Indiana, you might be contemplating whether you can legally seek a divorce in this state. Although Indiana was one of the last states to legalize same-sex marriage in 2014, it does, in fact, recognize the validity of same-sex marriages and divorces.
Unveiling the Same-sex Marriage Laws in Indiana
It wasn’t always easy for same-sex couples in Indiana to solemnize their love with the institution of marriage. Prior to the legalization of same-sex marriage, Indiana only acknowledged marriage between a man and a woman. However, everything changed on June 26, 2015, when the U.S. Supreme Court issued a groundbreaking ruling in the case of Obergefell v. Hodges. This landmark decision asserted that same-sex couples have an undeniable right to marry, just like their opposite-sex counterparts. Consequently, Indiana began issuing marriage licenses to same-sex couples on that historic day, paving the way for the recognition and celebration of same-sex marriage across the state.
Navigating Same-sex Divorce Laws in Indiana
Notably, same-sex couples in Indiana possess the right to seek a divorce, much like opposite-sex couples. The process for obtaining a same-sex divorce in Indiana closely aligns with the procedures applicable to opposite-sex couples, subject to the same set of laws.
Initiating the Divorce Process in Indiana
To kickstart the divorce process, you or your spouse must file a petition for dissolution of marriage in the county where either of you resides. This essential document must include specific information, such as the grounds for divorce and a request for specific relief, which may encompass child custody, spousal support, or property division.
Residency Requirements
In Indiana, there exists a residency requirement for securing a divorce. Specifically, at least one of the spouses must have been a resident of the state for a minimum of six months before filing the petition.
Unraveling the Grounds for Divorce
Indiana adheres to a "no-fault" divorce approach. This means that neither spouse is under the obligation to prove that the other has committed any wrongdoing for the divorce to proceed. The grounds for divorce in Indiana may be traced back to the "irretrievable breakdown of the marriage" or "irreconcilable differences" factors. Essentially, these grounds imply that the marriage has reached a point beyond repair, with reconciliation being an impractical outcome.
Equitably Distributing Marital Property
During the divorce proceedings, Indiana follows the "equitable distribution" principle when it comes to dividing marital property. It is crucial to note that equitable distribution does not always equate to an equal division. Instead, the court aims to ensure that marital property is divided in a manner deemed fair, taking into consideration various factors. These factors may include real estate, personal property, bank accounts, retirement accounts, and investments—essentially, anything acquired during the course of the marriage.
Navigating Child Custody and Support
The best interests of the child take center stage when determining child custody in Indiana. In this state, there exist two distinct types of custody: physical and legal custody. Physical custody pertains to the primary residence of the child, while legal custody encapsulates the right to make significant decisions regarding the child’s upbringing. Additionally, child support is calculated based on the child’s needs and the combined income of both parents.
Concluding Thoughts
Since the legalization of same-sex marriage in 2015, Indiana has upheld the right for same-sex couples to secure a divorce in the same way as opposite-sex couples. If you and your same-sex partner are contemplating divorce while residing in Indiana, it is crucial to acquaint yourselves with the relevant laws and procedures governing this process. Consequently, it may be advantageous to seek guidance from a qualified family law attorney in Indiana. With their expertise, they can effectively guide you through the divorce process, ensuring your rights and interests are safeguarded.