Navigating a divorce can be a complex and emotionally challenging process. In Indiana, like in any state, there are specific laws and procedures that govern the dissolution of marriage. It is important to know what you are going to experience before you file for divorce. This blog takes a deeper dive into four crucial aspects of divorce in the Hoosier State.
To file for divorce in Indiana, you must meet specific residency criteria. At least one spouse must have been a resident of Indiana for six months. Additionally, at least one spouse must have been a resident of the county where the divorce is filed for three months. These requirements are in place to ensure that Indiana has proper jurisdiction over the divorce case. It's important to note that the residency period is calculated from the date of filing the divorce petition; Military personnel stationed in Indiana may meet these requirements even if they're not permanent residents; If you don't meet these requirements, you may need to wait or file in another state where you meet the residency criteria.
Indiana's status as a “no-fault” divorce state simplifies the process of ending a marriage. The most common ground for divorce is “irretrievable breakdown of the marriage.” This means you don't need to prove any specific misconduct by your spouse to obtain a divorce. Other grounds for divorce in Indiana include: Conviction of a felony after marriage; Impotence existing at the time of marriage; Incurable insanity lasting at least two years. The no-fault system aims to reduce conflict and streamline the divorce process. While fault isn't necessary for obtaining a divorce, misconduct may still be considered in matters like property division or child custody. The court may require a cooling-off period of up to 60 days after filing before granting the divorce.
Indiana's approach to property division follows the principle of “equitable distribution”: All property, regardless of when or how it was acquired, is considered part of the marital estate; This includes assets acquired before the marriage or through inheritance; The court starts with a presumption of a 50/50 split but may deviate based on various factors. Factors considered in property division include: Each spouse's contribution to acquiring the property (including homemaking); The economic circumstances of each spouse at the time of property division; The conduct of the parties during the marriage; The earning ability of each party; Tax consequences of the property division
When it comes to children, Indiana courts prioritize the best interests of the child. Indiana recognizes two types of custody: legal custody (decision-making power) and physical custody (where the child lives). Joint custody (shared by both parents) or sole custody (primarily one parent) can be awarded for either type. Factors considered in custody decisions include: The child's age and sex; The wishes of the child's parents; The child's wishes, with more weight given to children 14 years or older; The child's relationship with parents, siblings, and other significant persons; The child's adjustment to home, school, and community; The mental and physical health of all individuals involved; and Evidence of a pattern of domestic or family violence.
Indiana uses the Income Shares Model for calculating child support. This model is based on the concept that the child should receive the same proportion of parental income that they would have received if the parents lived together. Factors in the calculation include: Both parents' weekly gross income; The number of children; The cost of health insurance for the children; Work-related childcare expenses; and The amount of parenting time each parent has. Child support calculations can be complex and may require professional assistance. Support orders can be modified if there's a substantial change in circumstances. Indiana has strict enforcement measures for child support, including wage garnishment and license suspension for non-payment. This is important to consider while navigating divorce.
Understanding these aspects of divorce in Indiana can help you navigate the process more effectively. However, given the complexities involved, it's always advisable to consult with a qualified family law attorney for personalized legal advice tailored to your specific situation. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in family law proceedings in Indiana. We are here to help you navigate your family law matter. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.