Divorce Laws In Indiana

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1. Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when dividing assets. These factors include: 1. the contribution of each spouse to the acquisition of property, regardless of whether the contribution was income producing 2. the extent to which the property wa
2. DebtsThere is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.
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1. This is not really a stage “in” the Indiana divorce process but it is still important. This is a stage where many people reading this article may be right now – researching the divorce laws in Indiana. Many people have not yet filed for divorce but they are contemplating it, or have been separated for some time and are now getting ready to file. But this stage includes everything before the Petition for Divorce is filed (which officially starts the divorce). Why then have I included it? Because fortune favors the prepared mind. There are many things you can do prior to filing for divorce that can save a lot of time and money in the divorce process. Also, there are pitfalls to avoid prior to the divorce.
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Published: Apr 09, 2019

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Indiana is a no-fault divorce state; however, the state also allows divorce on limited “fault” grounds. You are eligible to file for divorce in the state if either your spouse or you have lived in Indiana for a minimum of 6 months and residing in the particular county where you’re filing the divorce complaint for a minimum period of 3 months.

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To file for divorce in Indiana, you or your spouse must have been: a resident of Indiana or stationed at a United States military installation in Indiana for at least six months immediately before filing for the divorce; 1 and

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1) There Must be an “Irretrievable Breakdown” of the Marriage “Fault” divorce in Indiana, however, is an entirely different situation. Grounds for that divorce can include one or more of these as determined by a court of law: • Felony Conviction • Impotence During Marriage • Incurable Insanity for at Least Two Years During Marriage

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Typically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

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Divorce Process, State Divorce Laws. Indiana Divorce Law. September 24, 2013. by DivorcedMoms Staff. Residency Requirements . One of the spouses must have been a resident of the state for 6 months and the county for 3 months in which the petition is filed for immediately prior to filing for dissolution of marriage.

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To file for divorce in Indiana, you or your spouse must have been: a resident of Indiana or stationed at a United States military installation in Indiana for at least six months immediately before filing for the divorce; 1 and a resident of the county or stationed within the county for at least three months immediately before filing for the divorce. 2 1 Indiana Code § 31-15-2-6(a)

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The statutory grounds for divorce in Indiana are as follows: 1. Irretrievable breakdown of the marriage; 2. A felony conviction by either of the parties, after entering into the marriage; 3. Impotency, existing at the time of the marriage; and. 4. Incurable insanity of either party for a period of at least two years.

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What do you have to prove to get a divorce? Indiana has "no fault" divorce, which means you don't have to prove either spouse did anything wrong to get a divorce. (A divorce is sometimes called "dissolution of marriage"; both mean the same thing). The spouse who wants a divorce just has to tell the court that the marriage is "irretrievably broken" to get …

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Basic Divorce Laws in Indiana To file for divorce in Indiana, you and/or your spouse must be a resident of the state of Indiana for at least six months. If neither of you has been living in Indiana for at least six months, you will need to wait until this minimum residency requirement has been met prior to filing.

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The fault grounds for divorce in Indiana are a felony conviction of one of the spouses subsequent to the marriage, impotence at the time of the marriage, and an incurable mental illness lasting at least two years. For a complete text of the Indiana divorce code, see Indiana.gov. . Divorce laws vary widely across the United States.

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This is why the help of an Indiana divorce attorney is necessary to ensure that your child’s future will not be impacted negatively when you are working through the details for separating from your spouse. During the school year of 2017-2018, the costs of college had a range of over $20,000 for in-state schools and over $45,000 for nonprofit

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In Indiana, divorce is legally referred to as Dissolution of Marriage. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after a final decree is issued. you can Start Your 3 Step Divorce NOW (as low as $84/month). Bifurcation of marital status is allowed in Indiana

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Important Indiana Divorce Guidelines to File for a Divorce. Indiana Residency Requirements For Divorce To file for divorce in Indiana, at least one spouse must have been an Indiana resident for six months. After a spouse files the Indiana divorce papers, there is a 60 day waiting period until the divorce can be granted.

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If you would like to speak with an attorney about developing a strategy to protect your business in your divorce, contact Hains Law, LLC for a free and confidential consultation. Call our Carmel, IN law offices at (317) 588-2883, or submit a consultation request online and we will be in touch as soon as possible. Categories.

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Christopher L. Arrington, Attorney at Law, P.C. 97 S Washington St Danville, Indiana 46122. P: 317.745.4494 F: 317.745.7414 Email: [email protected]

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Frequently Asked Questions

What are the divorce laws in the state of indiana?

In Indiana, a divorce is called a “dissolution of marriage” so under the divorce laws in Indiana, a divorce petition is actually titled a “Petition for Dissolution of Marriage.” If you were not the one who filed for divorce, or did not know your spouse was going to file for divorce, being served with divorce papers can be a very stressful event.

What are the alimony laws in indiana?

The goal of Indiana's alimony law is to make sure that both spouses are on a similar economic footing after a divorce and that the divorce doesn't enrich one spouse while impoverishing the other. (Ind. Code Ann. § 31-15-7-2 (2021).) Is Indiana a "No-Fault" Divorce State?

How much does it cost to get a divorce in indiana?

Fees: The fees for filing for a divorce in Indiana ranges from $132-$152 and the fee varies from one county to another. If you cannot afford the filing fees, then you must fill the form for a waiver of the fee and file it with the court clerk. You can download the court forms from the Judicial Branch Self-Service Center of Indiana.

Is indiana a no fault state for divorce?

Under the divorce laws in Indiana, Indiana is a no-fault state for divorce. This means that in Indiana, the spouse that’s filing for divorce doesn’t have to prove any fault on the part of the other spouse, like infidelity or any other reason.

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