Divorce

Table of Contents

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General Information (back to top)

Unwinding a marriage is a complex and emotional process.  In many cases, divorce involves the management of powerful feelings.  The process can be additionally complicated by the necessity of making determinations regarding child custody, visitation and the separation of marital assets. 

Divorce proceedings in Indiana are governed by state law.  Through these laws individuals may seek a divorce under a variety of grounds.  In general, Indiana is a no fault divorce state.  In simple terms, this means that individuals seeking a divorce can do so without establishing any reasons for cause.  In some instances a no fault divorce is referred to as dissolution of marriage.

The Grounds for Divorce in Indiana (back to top)

As stated above Indiana divorce proceedings are governed by state law.  The following is an excerpt of this Indiana divorce law.
IC 31-15-2-3, Grounds for decree
Dissolution of marriage shall be decreed upon a finding by a court of one (1) of the following grounds and no other ground:
(1) Irretrievable breakdown of the marriage.
(2) The conviction of either of the parties, subsequent to the marriage, of a felony.
(3) Impotence, existing at the time of the marriage.
(4) Incurable insanity of either party for a period of at least two (2) years.
As added by P.L.1-1997, SEC.7.

IC 31-15-2-6, Residence
(a) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation within Indiana;
for six (6) months immediately preceding the filing of the petition.
(b) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:
(1) a resident of the county; or
(2) stationed at a United States military installation within the county;
where the petition is filed for three (3) months immediately preceding the filing of the petition.

As mentioned above, one of the spouses involved in the divorce proceeding must be a resident of the state of Indiana for at least three months before the petition is filed.  If this residency requirement is not met the court may dismiss the divorce proceeding.

Preliminary Hearing (back to top)

In the event that either spouse has requested temporary custody, child support or spousal support a preliminary hearing may be set by the court.  This can be a particularly important part of the divorce proceeding.  Spouses would be well advised to use the preliminary hearing as a forum to position arguments that will be made at the final hearing.  Following the preliminary hearing, the Judge will issue a provisional order that will typically remain in effect until a final hearing can be held.

Legal Separation (back to top)

Legal separation is an alternative to divorce where the spouses wish to live separate and apart but do not wish to end their marriage.  Legal separation is an option available to spouses who have been residents of the state for six months and residents of the county where the legal separation is to be filed for at least three months.

Mediation (back to top)

In Indiana spouses are usually required to mediate the issues of child custody, child support, visitation and property division.  The purpose of mediation is to seek a resolution of these issues without a final hearing on the merits.  Mediation is conducted by a neutral third party referred to as a mediator who attempts to forge a settlement of the various issues that the parties are unable to agree upon.  Mediation can be very helpful in settling divorce disputes.

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