Divorce is a deeply personal and often challenging process. In Indiana, it is also surrounded by many myths and misunderstandings that can cause confusion, delay, or even poor legal decisions. This guide aims to debunk the most common Indiana divorce myths and provide clear, factual information to help you make informed choices.
Top Divorce Myths Debunked
Myth #1: “If My Spouse Cheated, I'll Get Everything”
Reality: Indiana is a no-fault divorce state. This means that courts do not consider misconduct like infidelity when dividing property or awarding spousal support. Instead, the court focuses on a fair and equitable division of marital property.
Myth #2: “Mothers Always Get Custody”
Reality: Indiana courts prioritize the best interests of the child, not the gender of the parent. Both parents are considered equally when determining custody arrangements, and joint custody is often awarded when it benefits the child.
Myth #3: “We Have to Be Separated for a Year to Divorce”
Reality: There is no mandatory one-year separation requirement in Indiana. The minimum waiting period for a divorce to be finalized is 60 days after filing the petition.
Myth #4: “I Can Deny the Divorce by Refusing to Sign”
Reality: One spouse cannot prevent a divorce by refusing to participate. If one party files for divorce and follows the proper procedures, the court can grant the divorce with or without the other party's consent.
Myth #5: “Everything Gets Split 50/50”
Reality: Indiana law requires an “equitable” division of marital property, which does not always mean equal. Courts consider factors like the contributions of each spouse, earning capacity, and the needs of the parties.
Indiana Divorce: What You Really Need to Know
The Divorce Process in Indiana
Divorce proceedings in Indiana begin with the filing of a petition for dissolution of marriage. After a 60-day waiting period, the court may finalize the divorce, provided all issues are resolved. These issues typically include property division, child custody, parenting time, child support, and spousal maintenance.
Property Division and Marital Assets
All property owned by either spouse is considered part of the marital estate and subject to division, regardless of how or when it was acquired. This includes:
- Real estate
- Vehicles
- Bank accounts
- Retirement accounts
- Debts
The presumption is that an equal division is just and reasonable, but this can be rebutted based on evidence and individual circumstances.
Custody and Parenting Time
Indiana law encourages both parents to remain actively involved in their children’s lives. Custody can be legal (decision-making) or physical (where the child lives), and courts may award joint or sole custody based on:
- The child’s age and needs
- The parents’ ability to cooperate
- The child’s relationship with each parent
- Any history of abuse or neglect
Parenting time is scheduled based on the Indiana Parenting Time Guidelines unless the parents agree otherwise.
Spousal Maintenance
Unlike other states, Indiana does not routinely award long-term alimony. Spousal maintenance is generally limited to specific circumstances, such as:
- A spouse being physically or mentally incapacitated
- A spouse caring for a child with special needs
- Rehabilitative maintenance to help a spouse become self-sufficient
Separating Fact from Fiction
Myth #6: “We Have to Go to Court for a Divorce”
Reality: Many Indiana divorces are resolved outside of court through mediation or settlement agreements. Court appearances are often limited to final hearings or unresolved disputes.
Myth #7: “I Can Hide Assets to Avoid Division”
Reality: Hiding assets is illegal and can result in severe legal penalties. Courts can award a larger portion of the estate to the other spouse or impose sanctions if deceit is discovered.
Myth #8: “Child Support Ends at Age 18”
Reality: In Indiana, child support typically continues until the child turns 19, unless the child is emancipated earlier or has special needs requiring ongoing support.
Myth #9: “Prenups Are Always Ironclad”
Reality: While prenuptial agreements are enforceable in Indiana, they can be challenged if they were signed under duress, are unconscionable, or fail to disclose assets accurately.
Myth #10: “Only Lawyers Need to Understand the Divorce Laws”
Reality: While having an experienced attorney is critical, understanding your rights and obligations empowers you to make better decisions and avoid costly mistakes.
Myth #11: “Debt Is Divided Based on Who Incurred It”
Reality: In Indiana, debts—like assets—are considered part of the marital estate and are subject to equitable division. Even if one spouse incurred the debt in their name alone, the court may still divide it between both parties, depending on the circumstances.
Myth #12: “You Have to Prove a Reason to Get Divorced”
Reality: Indiana’s no-fault divorce laws mean you don’t need to prove infidelity, abandonment, or any other reason. Citing an “irretrievable breakdown” of the marriage is sufficient grounds for filing.
Final Thoughts
Divorce in Indiana involves a variety of legal and emotional complexities, and myths can often mislead individuals during an already difficult time. Understanding the facts about property division, child custody, support obligations, and the overall process is crucial for protecting your rights and your future.
If you’re facing a divorce in Indiana, don’t rely on outdated assumptions. Contact Ciyou & Associates, P.C. for clear, strategic guidance based on the realities of Indiana divorce law. We’re here to help you navigate the process with confidence and clarity.
Frequently Asked Questions
Q: Is Indiana a no-fault divorce state?
A: Yes. Indiana allows no-fault divorce, meaning you don’t need to prove wrongdoing to dissolve the marriage.
Q: Can we file for divorce without lawyers?
A: While it’s legally possible, divorce involves complex legal rights and responsibilities. Hiring an attorney is strongly recommended.
Q: How long does an Indiana divorce take?
A: The shortest possible timeline is 60 days, but the process may take longer depending on disputes and case complexity.
Q: What is considered marital property in Indiana?
A: Marital property includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title.
Q: Can I change custody after the divorce is final?
A: Yes. Custody arrangements can be modified if there is a substantial change in circumstances that affects the child’s best interests.
Q: Does Indiana recognize legal separation?
A: Yes. Indiana offers legal separation as an alternative to divorce, allowing spouses to remain married while living apart and resolving key issues like custody and support.
Q: Can grandparents get visitation rights in a divorce?
A: Under certain circumstances, Indiana law allows grandparents to seek visitation if it is in the best interests of the child.
Q: Do we have to sell the house during a divorce?
A: Not necessarily. One spouse may keep the home, but the value of the home must be considered in the overall division of property. The court may order a sale if the parties cannot agree.
Q: Can I date during my divorce?
A: While there are no laws prohibiting dating during divorce, doing so can complicate custody issues and financial negotiations. It’s best to consult with your attorney.
Misconceptions can lead to poor decisions during divorce. Always verify information with a qualified Indiana divorce attorney.
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.
