State Laws

Indiana Divorce


Indiana Divorce
In order to have a legal divorce in Indiana, individuals must first meet the residency requirements for the state. The court must also accept the requirements, and if the court finds that the jurisdiction falls elsewhere, the case will be dismissed.

When a divorce petition is first entered at least one of the individuals involved in the divorce must be a resident of the state of Indiana. In the case of armed forces, an individual must be stationed in Indiana for a minimum of six months to be considered a resident for petitioning. All divorce proceedings are to be filed to the county circuit court where at least one individual has residence. If the individual petitioning for divorce does not reside in Indiana, the proceedings are to be filed in the Indiana county of the other spouse.

Divorcing Grounds in Indiana
All divorces, no matter where they be in the United States, need to be based on certain legal grounds. The grounds for an Indiana divorce will need to follow Indiana laws. Both individuals petitioning for divorce will conclude on what grounds they will be filing for divorce. If only one individual is bringing the proceedings to the court, then he or she will have to decide on his or her own and prepare to defend these grounds to a judge.

Indiana has two different types of divorcing grounds. The first is called no fault grounds where the marriage has been deemed irretrievable. In these cases couples counseling can often precede a divorce petition.

The second type of divorce is called fault grounds and has three subsections. The first is where one of the individuals involved in the marriage has been convicted of a felony offense. The second is where impotence has been the cause for the breaking of the marriage. And the final subsection is that of mental insanity for a period of two years or more and having been deemed incurable.

The Granting of Spousal Support
Though many divorce cases end in spousal support, not all do. There is no Indiana law that states that spousal support is mandatory, as it is awarded depending on the circumstances of the case. This kind of support can be awarded on a permanent basis or a temporary basis.

When spousal support is to be rewarded, if the individuals involved cannot reach an understanding, then the court will weigh the case and the finances of each and will decided accordingly.

The court can take several variances into consideration beforehand. These include supporting a spouse while he or she is mentally incapacitated; determining the property and funds involved as to provide for necessities; how many children are involved, if any, and who will be caring for them; the previous education of each individual when the marriage commenced and ended and if the education was halted due to the marriage; the capacity for how each individual will be able to earn finances after the divorce; and the ability to acquire sufficient education in the future.

See also:
Indiana Felony
Indiana Gun Laws
Indiana Bankruptcy Laws
Indiana Misdemeanor External link (opens in new window)
Indiana Expungement External link (opens in new window)
Indiana Lemon Law External link (opens in new window)