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Introduction

Indiana divorce laws affect every couple navigating the end of a marriage. From the grounds for divorce in Indiana to the specific divorce requirements under Indiana law, understanding the statutes that govern divorce can help parties make informed decisions and avoid costly mistakes. Recent legislative updates have also changed how certain divorce statutes are applied, making it critical to stay informed of the updated divorce law in Indiana.

This guide explores the legal foundation of divorce in Indiana, from requirements and grounds to division of property, child-related issues, and spousal maintenance.

Divorce in Indiana: An Overview

Indiana is a “no-fault” divorce state, which simplifies the process of filing by focusing less on assigning blame and more on resolving issues fairly. Even so, the court system relies on specific divorce statutes in the Indiana Code to determine when and how a marriage may be dissolved.

Every divorce must address several key issues: division of property, custody of minor children, support obligations, and—when applicable—spousal maintenance.

Divorce Requirements in Indiana

To file for divorce in Indiana, the following requirements must be met:

• Either spouse must have lived in Indiana for at least six months prior to filing.
• Filing must occur in a county where one spouse has lived for at least three months.
• The case begins with the filing of a Petition for Dissolution of Marriage.

This establishes jurisdiction for the court to handle the divorce.

Grounds for Divorce in Indiana

Although Indiana primarily functions as a no-fault state, a divorce must still be based on legal “grounds” recognized by the state. According to Indiana divorce law, the grounds include:

• Irretrievable breakdown of the marriage (most common and the basis for no-fault divorce).
• Felony conviction of either spouse after the marriage.
• Impotence existing at the time of marriage.
• Incurable insanity lasting at least two years.

Most divorces proceed under the “irretrievable breakdown” ground, but these additional provisions remain available under Indiana divorce statutes.

Key Indiana Divorce Statutes

Indiana divorce proceedings are primarily governed by Indiana Code Title 31, Article 15. These divorce statutes outline:

• How and where to file.
• Division of marital assets and debts.
• Orders related to custody, parenting time, and child support.
• Spousal maintenance eligibility.

Understanding these statutes is essential, as courts are bound by statute in making determinations on contested divorce issues.

Property Division Under Indiana Divorce Laws

Indiana follows the “one-pot theory” of property division, which means that:

• All property owned by either spouse—whether acquired before or during the marriage—is considered marital property.
• Courts presume an equal (50/50) division of property is fair, though this can be rebutted with evidence of why an unequal division is more appropriate.

Factors the court may consider when deviating from equal division include:

• Contributions of each spouse to acquiring property.
• Whether property was acquired before the marriage or through inheritance or gift.
• Economic circumstances of each spouse.
• Conduct relating to dissipation or waste of assets.

Child Custody, Parenting Time, and Support

Divorces involving children must address custody, parenting time, and support obligations.

• Custody: Indiana courts make custody decisions based on the best interests of the child. Joint legal custody is common, but sole custody may be awarded when necessary.
• Parenting Time: Governed by the Indiana Parenting Time Guidelines, which provide standard schedules and considerations for parenting arrangements.
• Child Support: Calculated using the Indiana Child Support Guidelines, which consider the incomes of both parents, child care expenses, health insurance, and other costs.

Spousal Maintenance in Indiana

Unlike some states, Indiana does not automatically award alimony. Instead, it provides for spousal maintenance in specific, limited circumstances:

• When one spouse is physically or mentally incapacitated.
• When a spouse lacks sufficient property or ability to support themselves due to caring for a child with a disability.
• When rehabilitative maintenance is needed to allow a spouse to re-enter the workforce or gain necessary training.

Recent Updates to Indiana Divorce Law

Indiana family law is periodically revised. For example, updated divorce law provisions in recent years have included revisions to:

• Parenting time guidelines (levels of parenting time and communication between households).
• Child support enforcement processes.
• Property division related to pensions, retirement accounts, and digital assets.

Because interpretations of divorce statutes can also shift due to appellate court rulings, staying informed is critical.

Common Misconceptions About Divorce in Indiana

• Myth: Fault matters in property division.
  Truth: Indiana is a no-fault state. Misconduct seldom affects property division or custody unless it directly impacts finances or children.
• Myth: You can keep property in your name out of divorce.
  Truth: All property is considered marital property, regardless of title.
• Myth: Divorce is always contested.
  Truth: Many divorces are resolved through settlement, mediation, or collaborative processes.

The Importance of Legal Representation

Navigating the complexities of Indiana divorce laws requires experience. A knowledgeable divorce attorney ensures compliance with divorce requirements, helps present evidence when an unequal property division is warranted, and protects parental rights in custody disputes.

Conclusion

Understanding the divorce statutes of Indiana helps spouses prepare for the realities of divorce. From the grounds for divorce in Indiana to custody decisions and property division, every aspect of the legal process is designed to balance fairness with predictability. But given the frequent changes to updated divorce law, professional guidance remains essential.

At Ciyou & Associates, P.C., our attorneys provide skilled counsel through every stage of divorce, helping clients protect their financial and parental rights under Indiana law.

Frequently Asked Questions

1. What are the main grounds for divorce in Indiana?
   Most divorces are filed on the grounds of “irretrievable breakdown of the marriage,” but felony conviction, impotence, and incurable insanity are also statutory grounds.
2. Does Indiana require separation before divorce?
   No. Unlike some states, Indiana does not require legal separation before filing for divorce.
3. How long does an Indiana divorce take?
   At minimum, 60 days must pass after filing before a divorce can be finalized, though contested cases often take longer.
4. What happens to property owned before marriage?
   All property, regardless of when acquired, goes into the marital “pot” and is subject to division, although separate acquisition can be a factor for unequal division.
5. Can divorce orders be modified?
   Yes. Orders regarding custody, child support, and sometimes spousal maintenance may be modified upon showing a substantial and continuing change in circumstances.

Digital assets are often overlooked but can be highly valuable. Legal guidance is essential to ensure a fair and transparent division.

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.