If you are considering divorce in Indiana, you might be wondering what legal reasons – or “grounds” as lawyers call them – you can use to end your marriage. Unlike some states that have a long list of reasons, Indiana keeps it simple with just four legal grounds for divorce. This blog will explore each one in detail.
This is the most common reason people use to divorce in Indiana, and for good reason. It means your marriage is broken and cannot be fixed. You do not have to prove anyone did anything wrong – you just need to show that there is no reasonable chance of getting back together. Many people choose this option because you do not have to blame anyone and it is usually less expensive than proving other grands. This is considered a “no-fault” option.
The second ground comes into play when your spouse gets convicted of a felony after you get married. There are some important things to know about this one: it must be a felony, not a misdemeanor; the conviction has to happen after your wedding day; the conviction needs to be final (not under appeal); and it does not matter if the crime was against you or someone else. This ground makes sense when you think about it – a felony conviction often means prison time and major life changes that can make continuing a marriage impractical or impossible.
The third ground is not used very often but is still a current ground for divorce, which is impotency at the time of marriage. So, the condition must have existed when you got married, it has to be incurable, and you must not have known about it when you got married. People do not use this ground often because medical advances have made many conditions treatable, most couples discuss these issues before marriage, using “irretrievable breakdown” is more private, and it requires personal medical evidence in court.
Incurable insanity is probably the most complex and least used ground for divorce in Indiana. Your spouse must have been incurably insane for at least two years, and you will need solid medical evidence. Doctors will have to testify about the condition and there must be proof that it is permanent. This ground exists to help people whose spouses have a severe, long-term mental illness that makes continuing the marriage impossible. It is rarely used because: the two-year requirement is a long time to wait; medical proof can be expensive to gather; other grounds (like irretrievable breakdown) are easier to prove, and mental health stigma makes many people choose other options.
Indiana's divorce laws are designed to help people end marriages that are not working, while protecting both parties' rights. While you have four options, most people choose irretrievable breakdown unless they have a specific reason to use another ground. Remember, divorce is hard enough without making it more complicated than it needs to be. Choose the ground that makes the most sense for your situation, get good legal advice, and focus on moving forward with your life. The attorneys at Ciyou & Associates, P.C. have a comprehensive background in divorce throughout Indiana. We are here to help you navigate your divorce. This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended as specific legal advice or solicitation of services as this is an advertisement.
