When a relationship comes to an end, it can be an emotional and overwhelming experience for everyone involved. This is especially true in the case of a marriage or domestic partnership, which can be legally complex to dissolve. If you are considering a divorce or legal separation in the state of Indiana, there are some critical legal considerations that you must keep in mind.
Understanding Divorce and Legal Separation
Before you embark on the process of dissolving your marriage or domestic partnership, it is essential to understand the differences between divorce and legal separation.
A divorce is the legal termination of a marriage or domestic partnership. When a divorce is finalized, the couple is no longer married and is free to remarry or enter into a new domestic partnership.
On the other hand, legal separation does not terminate a marriage or domestic partnership. Instead, it is a court-ordered agreement that outlines how a couple’s assets, debts, and child custody arrangements will be handled while they are living apart. Couples who choose to legally separate can often remain on each other’s health insurance policies and benefit from other financial and legal benefits that marriage or domestic partnership provides.
Exploring the grounds for divorce and legal separation in Indiana reveals several reasons marriages and domestic partnerships may be dissolved:
- Adultery: A spouse engages in extramarital affairs, breaking the bond of trust.
- Impotence: One spouse is unable to engage in sexual relations.
- Incurable insanity: A spouse shows signs of severe and incurable mental illness for at least two years.
- Felony conviction: One spouse is convicted of a serious crime.
- Abandonment: One spouse leaves the other for at least one year without justification or intent to return.
- Irretrievable breakdown of the marriage: Commonly referred to as "no-fault" divorce, this occurs when the couple’s marriage is no longer salvageable.
For a legal separation, providing specific grounds or reasons is not necessary. Instead, the focus is on demonstrating that the marriage or domestic partnership is irretrievably broken and reconciliation is unlikely.
Property Division: Ensuring Fairness
Under Indiana law, courts divide marital property on an equitable basis rather than splitting assets and liabilities equally. The courts consider various factors when making these decisions, including each spouse’s contribution to acquiring marital property, the income and earning potential of each spouse, and the duration of the marriage.
In a legal separation, asset and liability division is determined by the separation agreement reached by the couple. Courts evaluate the same factors considered in a divorce when approving the separation agreement.
Child Custody and Support: Prioritizing the Children
When children are involved in a marriage or domestic partnership, addressing child custody and support is crucial during the divorce or legal separation process.
In Indiana, custody decisions depend on the child’s best interests. Factors such as the child’s relationship with each parent, overall well-being and safety, and each parent’s ability to meet the child’s physical and emotional needs are considered.
Child support calculations in Indiana utilize a formula that takes into account various factors, including the income of both parents, the number of children, and any special needs the child may have.
Spousal Maintenance: Providing Fair Support
In certain cases, one spouse may be entitled to receive spousal maintenance, often referred to as alimony, after a divorce or legal separation. Courts take into account factors such as each spouse’s earning capacity, the length of the marriage, and the standard of living established during the marriage when determining whether spousal support is warranted.
Conclusion: Navigating the Complexities
Dissolving a marriage or domestic partnership is never an easy decision. However, understanding the legal considerations involved is crucial. From grounds for divorce or legal separation to property division, child custody and support, and spousal maintenance, there are many complex legal issues that require careful consideration. Working with an experienced family law attorney can provide you with the guidance and support to navigate this challenging process while ensuring your rights and interests are protected throughout your divorce or legal separation case.