The legalization of gay marriage across the United States led to an increase in same-sex couples tying the knot. However, not every union works out, and a number of same-sex couples have also been going through the divorce process. Navigating the legal landscape as a party in a same-sex divorce can be challenging, especially when laws differ from state to state.
In Indiana, same-sex couples enjoy the same rights as heterosexual couples, which means that they have the right to file for divorce and leave a marriage that no longer works for them. However, it is essential to understand the legalities surrounding same-sex divorce in Indiana. In this article, we will delve into the same-sex divorce laws in Indiana, providing you with a comprehensive understanding of your rights and the steps involved in the process.
Eligibility for Divorce In Indiana
Under Indiana law, couples, regardless of their sexual orientation, must meet specific eligibility requirements before they can file for divorce. To be granted a divorce, the couple must have been legally married and both parties must have been residents of Indiana for at least six consecutive months. These requirements apply to both same-sex and opposite-sex couples seeking a divorce.
Grounds for Divorce
When filing for divorce in Indiana, the petitioner must prove that the marriage is irretrievably broken, indicating that there is no chance for reconciliation. Additionally, the parties must reach an agreement on the division of assets and debts, if applicable, as well as make arrangements for their children, if they have any. Indiana law has specific provisions for spousal maintenance or alimony that can be sought, along with guidelines for child support and custody.
Division of Assets and Liabilities
Indiana follows an equitable distribution approach, meaning that during a divorce, the court will divide all of the couple’s assets and liabilities in a manner that is deemed fair and equitable. Assets encompass any shared property, including real estate, vehicles, and personal belongings. Liabilities, on the other hand, pertain to any joint debts, such as credit card debt or mortgage payments.
Same-sex couples in Indiana are entitled to the same legal protections in terms of asset division as opposite-sex couples. The court strives to divide marital property equally, although circumstances may prevent an equal split. When determining the division of property, the court considers factors such as the duration of the marriage, the earning capacity of each partner, and the overall value of the assets involved.
Spousal Maintenance
Spousal maintenance, commonly known as alimony, refers to the financial support one former spouse provides to the other following a divorce. In Indiana, the court may award spousal maintenance if the petitioner can demonstrate a need for support and the other party possesses the means to provide it. During the decision-making process, the court evaluates aspects such as the length of the marriage, the earning capabilities of each party, the standard of living established during the union, and the contribution of each party to the marriage.
Child Custody and Support
In divorces involving children, the couple must reach an agreement concerning child custody and support. In Indiana, same-sex couples enjoy the same legal protections as heterosexual couples when it comes to child custody and support matters. The court prioritizes the best interests of the children when determining custody, disregarding the gender or sexual orientation of the parents. The court considers factors such as the children’s needs, the earning capacity of each parent, and the time spent by each parent with the children when calculating child support.
Conclusion
For same-sex couples seeking to end their marriage in Indiana, comprehending their legal rights and protections is crucial. While navigating a divorce can be emotionally challenging and difficult, knowing what to anticipate regarding eligibility requirements, grounds for divorce, the division of assets, spousal maintenance, and child custody and support can help ease the process. It is advisable to work with an experienced family law attorney to ensure your rights are protected and that you receive a fair settlement in your divorce. With their expertise, you can navigate the complex legal landscape with confidence, ensuring a smooth transition into the next chapter of your life.