Divorce can be a challenging experience for anyone, and understanding the laws and processes in your state is critical to navigating this difficult time. If you’re considering or going through a divorce in Indiana, there are several things that you should know to protect your interests and ensure the best possible outcome for you and your family.
Grounds for Divorce in Indiana
Indiana is a "no-fault" divorce state, which means that neither party needs to prove that the other is guilty of wrongdoing or misconduct to obtain a divorce. Instead, the most common reason for divorce in Indiana is "irretrievable breakdown" of the marriage, which is a legal term for the breakdown of the relationship between spouses. This can refer to physical separation, emotional disconnection, or other factors that make it clear that the marriage is no longer viable.
Residency Requirements
Before you can file for divorce in Indiana, you or your spouse must have lived in the state for at least six months. You’ll need to file in the county where you or your spouse live, and you’ll need to follow the specific filing procedures and timelines outlined by that county court.
Division of Property and Assets
Indiana is an "equitable distribution" state, which means that assets and property acquired during the marriage are typically divided fairly between the parties in a divorce. This does not necessarily mean a 50/50 split, as the court considers several factors when deciding how to divide assets, including the length of the marriage, each spouse’s earning potential, and the needs of any children involved.
Child Custody and Support
In Indiana, child custody is determined based on the best interests of the child, taking into account factors such as the child’s relationship with each parent, the parents’ wishes, and the child’s overall welfare. Indiana law assumes that joint custody is in the best interests of the child, but this can be challenged if one parent is deemed unfit or unable to provide adequate care.
Child support in Indiana is calculated based on a set of guidelines that take into account the incomes of both parents, the number of children involved, and other factors. The court has the authority to deviate from these guidelines if it believes that they do not accurately reflect the needs of the child.
Spousal Support
In Indiana, spousal support (also known as alimony or maintenance) can be awarded in cases where one spouse is unable to support themselves after the divorce. This could be due to factors such as age, health, earning potential, or education level. Spousal support is determined on a case-by-case basis and is not guaranteed.
Getting Help
Navigating a divorce in Indiana can be a complicated process, especially if you’re not familiar with the state’s laws and procedures. Hiring an experienced divorce attorney can provide you with the guidance and support you need to protect your rights and achieve the best possible outcome for you and your family.
If you’re considering a divorce in Indiana, it’s essential to educate yourself about the laws and processes that will impact your case. By understanding your rights and responsibilities, you can make informed decisions and ensure that your interests are protected every step of the way.