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Divorce Laws in Indiana

In the State of Indiana, the court may order a couple to enter mediation if they cannot agree on the terms of divorce. Mediation must be completed within 60 days of the order, but this time can be extended in some cases.

Residency and jurisdiction
At least one spouse must live, or be stationed by the military, in Indiana for at least six months prior to filing for divorce. Additionally, at least one spouse must have live, or be stationed by the military, in the county where the divorce is filed for at least three months.

Fault or no fault and grounds for divorce
Indiana allows fault and no fault divorce. No fault divorce is granted for irretrievable breakdown of the marriage.

Acceptable grounds for fault divorce are:

  • Felony conviction after marriage
  • Preexisting impotence
  • Incurable insanity for at least two years

Division of property
Indiana is an "equitable distribution" State meaning the property is not divided 50/50 but rather in a manner that the court deems fair to both parties.
Marital conduct is not considered when dividing property in Indiana, but inappropriate dissipation of marital assets by one spouse is taken into consideration. The parent who receives child custody is favored in the allocating of the family home. Other factors considered in dividing property include:

  • Contribution to the marital estate
  • Portion of property acquired by each spouse prior to marriage or through inheritance or gift
  • Economic circumstances of each spouse
  • Earning capacity of each spouse related to or created by the property division

Spousal support
Spousal support is not favored in the State of Indiana, and multiple conditions apply.

  • Disability

If a spouse is physically or mentally disabled, to the extent that he or she cannot be self-supporting, the court will order support for that spouse for the duration of the disability. Support in this situation can be terminated by a court order if the condition improves.

  • Disabled child

A parent who has custody of a mentally or physically disabled child may be awarded support so that he or she does not have to work and is able to stay at home and take care of the child. The court will decide how long this type of support should last.

  • Rehabilitative maintenance

A spouse whose earning capacity has been damaged by the marriage, for reasons such as time spent out of the workforce or interruption in education, may receive support for the length of time the court deems necessary to improve his or her earning capacity, but no longer than three years.

Child custody and support
Parenting classes are not required by the State of Indiana, but are required by most counties. In determining custody the court must consider the following factors:

  • Age and sex of the child
  • Wishes of the parents
  • Wishes of the child, especially if the child is at least 14 years old
  • Relationship of the child with parents, siblings, and any other significant parties
  • Child’s adjustment to home, school, and community
  • Mental and physical health of everyone involved
  • A pattern of domestic violence
  • Evidence that the child has been cared for by someone other than the parents

Indiana uses the Income Shares Model to calculate child support, and in most cases will order the parent receiving child support to open a bank account to facilitate payment.
 
If you are considering or facing divorce in Indiana, contact an experienced Indiana divorce attorney today.

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Disclaimer: Divorce law information contained throughout this page is intended to generally inform you about divorce law in Indiana and introduce you to divorce lawyers throughout the U.S. The information regarding divorce and divorce law is not meant to be taken as legal advice. If you like to speak with an experienced divorce attorney, click on the link to your state to find an experienced divorce lawyer in your area for an initial consultation.
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