Common Questions About Divorce In Indiana
The following questions and answers are typical of those we often hear at Kevin Moser Law, PLLC. They are generalized summaries only and are not intended as legal advice. The information here may or may not pertain to your case. For the information you need about your own Indiana family law issue, contact us and schedule a consultation.
Who can get divorced in Indiana?
At least one spouse of a married couple must have lived in Indiana for six months or longer before filing for divorce in the state. They should have lived in the county they file in for at least three months.
What are the grounds for divorce in Indiana?
Like most of the United States, Indiana offers no-fault divorce. The only legal requirement, besides a valid marriage and Indiana residency of one spouse, is an affirmation by one or both parties that there has been an irretrievable breakdown of the marriage. Neither spouse has to prove wrongdoing by the other.
What is the first legal step toward getting a divorce in Indiana?
In most cases, one spouse will file a petition for dissolution of marriage with the divorce court and pay a filing fee of about $130. This paper will then be served to the other spouse, who will be required to respond. The next step will be a preliminary hearing to begin determining how property will be split, whether spousal support will be ordered and, if there are children, where children will live and which parent will pay child support to the other.
How is marital property divided in Indiana?
Indiana’s laws expect property to be divided through equitable distribution, with a presumption of a 50-50 split unless there are valid reasons to divide assets otherwise. Considerations by the court may include:
- Each spouse’s contributions to acquisition of property
- What property each spouse brought into the marriage
- What property came as an inheritance or gift
- The economic circumstances of each spouse
- Where the children will live
- Evidence of the disposition or dissipation of property by each spouse during the marriage
- Earning capacity of each
“My spouse and I agree on how we will divide property and how we will care for our children [if applicable]. What is the most expedient way to make our uncontested divorce a reality?”
Even if you believe there is no disagreement about property division between you and your wife or husband, you should consult with a lawyer who can inform you of your rights. Beware of trying a “do-it-yourself divorce.” People who attempt this usually make some serious mistake or omission. Correcting the problem after the fact can be more costly and complicated than doing it right from the start. An experienced divorce attorney is best qualified to guide you efficiently through an expedient resolution of your Indiana divorce.
“I’m not sure if we will divorce but I would like to be prepared just in case our reconciliation efforts fall apart. Can you help?”
After years of helping Indiana residents get divorces, we understand that a marriage under strain can seem shaky but that divorce may be a moving target. Remember the saying, that “knowledge is power.” This can be your starting point, and yes, we will gladly give you “divorce planning” tips that you may or may not put into practice.