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Divorce in Indiana

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  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Either you or your spouse must be a resident of Indiana or stationed at a U.S. military installation in Indiana for six months and a county resident or stationed at a U.S. military installation in the county for three months to file for divorce, called a "dissolution."

    Either spouse can get a divorce simply by stating in divorce papers that there has been an "irretrievable breakdown" in the marriage. Other grounds for a divorce include:

    • The conviction of either spouse of a felony subsequent to the marriage
    • Impotence at the time of the marriage
    • Incurable mental illness lasting at least two years

    If both spouses are in agreement that there should be a divorce, they can agree in writing, and the marriage can be ended as early as 60 days after divorce papers are filed.

    The legal divorce process begins when one of the spouses files a "Petition for Dissolution of Marriage" with the Superior Court, the Circuit Court or the Domestic Relations Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing, usually some time in the future. If either spouse or the court believes there is a reasonable possibility of reconciliation, the proceedings can be delayed up to 45 days. During that time, the court may order the spouses to seek counseling.

    After the Petition for Dissolution has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In Indiana, all assets and debts acquired before and after your marriage - called marital property" - will be divided "equitably" in a manner the court believes is "fair" when you divorce. The court will presume that an equal division is just and reasonable. However, you may rebut this presumption by presenting evidence concerning the following factors, that an equal division would not be just and reasonable:

    • The contribution of each spouse to the acquisition of marital property
    • The extent to which each spouse acquired the property before the marriage or through inheritance or gift
    • The economic circumstances of each spouse, including the need for the custodial parent to live in the family home
    • The conduct of the parties during the marriage as it relates to the disposition or dissipation of their property
    • The earnings and earning abilities of the parties

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see an Indiana divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony -called "maintenance" - in Indiana upon finding that:

    • The spouse seeking maintenance is physically or mentally incapacitated to the extent that he or she cannot be self-supporting
    • The spouse seeking maintenance lacks sufficient property to support himself or herself and an incapacitated child and cannot work because he or she must take care of the child

    Additionally, a court can order rehabilitative maintenance to either spouse after considering:

    • The educational level of each spouse at the time of marriage and at the time divorce proceedings commenced
    • Whether the education, training or employment of the spouse seeking maintenance was interrupted because of homemaking or child care responsibilities
    • The earning capacity of each spouse
    • The time and expense necessary for the spouse seeking maintenance to acquire sufficient education or training in order to find appropriate employment

    A court can order temporary alimony while the divorce is pending. Most alimony is ordered for a specific length of time. Once ordered, it can be modified upon a showing of:

    • A substantial change in circumstances, or
    • An order, issued at least 12 months previously, to pay child support that differs by more than 20% from the amount that would have been ordered by applying the child support guidelines

    Child Custody and Visitation

    In Indiana, the court will make child custody decisions based on what is in the "best interest" of the child. In deciding whether to grant sole or joint custody, the court may consider various factors, including:

    • The age and sex of the child
    • The wishes of the parents
    • The wishes of the child
    • The interaction of the child with parents, siblings and any other person who may significantly affect the child's best interest
    • The child's adjustment to home, school and community
    • The mental and physical health of all individuals involved
    • Any history of domestic or family violence

    In determining whether to award joint custody, the court will also consider:

    • The fitness and suitability of each parent
    • Whether the parents are willing and able to communicate and cooperate in advancing the child's welfare
    • The wishes of the child
    • Whether the child has a close and beneficial relationship with both parents
    • Whether the parents live in close proximity to each other and plan to continue to do so
    • The nature of the physical and emotional environment in the home of each parent

    After the custody order is signed by the judge and filed with the court clerk, both parents are bound by it. It a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed or order counseling or mediation.

    Child Support

    In Indiana, either or both parents may be ordered to pay reasonable child support without regard to marital fault, after considering all relevant factors, including:

    • The financial resources of the custodial parent
    • The financial resources and needs of the noncustodial parent
    • The standard of living the child would have enjoyed if the marriage had not been dissolved
    • The physical or mental condition of the child
    • The child's educational needs

    If necessary, a court can set aside a portion of joint or separate assets of the parties in a separate trust or fund for the support of the child.

    An Indiana child support order can be modified if there has been:

    • A substantial change in circumstances, or
    • An order, issued at least 12 months previously, to pay child support that differs by more than 20% from the amount that would have been ordered by applying the child support guidelines

    Examples of a substantial change in circumstances include:

    • A change of custody from one parent to the other
    • A big increase or decrease in either parent's income
    • The child being several years older
    Related Web Links:
    - Indiana courts
    - Indiana Family Law
    - Indiana Child Support Calculator
    - Indiana Child Support Bureau
    - Indiana State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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