Learn How to File for an Indiana Divorce and What to Expect in Court Before Your Hearing

The State of Indiana is noted for the rather unique sets of rules it prescribes for the placement of a divorce petition. The basics are however much the same as compared to the other states.

Unless you or your wife/husband has been living in Indiana, you are not deemed to be eligible for filing a divorce case. It should be mentioned that in Indiana the terms ‘divorce’ and ‘dissolution’ are used synonymously.

Under What Conditions Can You Seek Divorce in the State?

The first (and of course, the most effective) ground for applying for a divorce settlement is by proving that the institution of marriage has broken down, and there is no hope of a reconciliation in the foreseeable future. You can also petition the court for a divorce if your partner is found guilty of a criminal offense, is mentally unstable, or discovered to be impotent.

There is a specific waiting period between the filing of the divorce papers and the actual granting of the permission to you and your wife/husband to live separately. This time-span is generally stipulated at 60 days. Compared to the procedure in many other states, the Indiana divorce process is much more speedy and convenient.

Any Indiana divorce process is set into motion when either you or your wife/husband expresses the willingness to seek a divorce in court. This is formally done by the presentation of a ‘Petition For Dissolution Of Marriage’ by the applicant. This petition can be presented at the domestic court, the Superior court, as well as at the Domestic Relations court.

One of the most crucial aspects in any divorce case is a justifiable process of distribution of all tangible assets and properties between you and your estranged partner. In Indiana, no additional trials are required if the two of you can come to a consensus on your own in this regard. However, if you and your spouse cannot agree on the process of property-allocation and settlement of debts, the courts take charge of managing these issues.

The divorce laws in Indiana specifically recommend ‘equitable’ distribution of the marital assets between the husband and the wife. This does not mean that the property will be divided equally. The property distribution is done by the court in a manner that the court deems to be ‘fair.'

There are several factors that have to be taken into consideration while allocating property shares to both of you. The initial contribution to acquire the property by you or your spouse, your respective future earning potentials, as well as the way each of you carried yourselves during your married life – all are important factors in making such decisions.

Alimony and Divorce Laws in Indiana

In Indiana, the term ‘maintenance’ is also used interchangeably with ‘alimony’. As is common knowledge, the determination of the amount and pattern of alimony payment from one party to another is extremely important in divorce processes.

Primarily, the current financial status of the two of you, as well as your needs after the divorce are the most important factors in alimony-related decisions. Divorce alimony, as per the directives of the divorce laws in Indiana, can be of two types. The first, known as 'temporary alimony,' is the amount that is to be paid while the divorce motion is still in progress. The second and the more common form of alimony is the long-standing one. Here, alimony needs to be paid over stipulated periods of time.

Child Custody and Divorce Laws in Indiana

In regard to the allotment of custodial rights of any minor children from a marriage between the contesting parties, the best interests of the child are put at the forefront by the divorce authorities in Indiana. You and your wife/husband can be accorded joint custody of your child, or one of you can be awarded complete child custodial rights.

How age, gender, and personal wishes of the child would affect the circumstances, as well as the opportunities for his/her development are all given due importance while deciding upon the custody issues. The suitability of either of you to act as responsible parents, as well as the distance between your post-divorce residences (in cases of joint custody of the child) will also be extremely pertinent here.

If the court deems it necessary, it can direct a certain portion of the marital assets of either of you to be kept aside, and used for child support. The Indiana authorities can instruct either of you (or both of you) to pay for the development of the child. The respective faults of yours are not considered in this regard.

The Indiana courts are not rigid regarding the custodial rights issue. In cases where one of the parent’s (yours or your partner’s) monthly income shows significant changes or when the child grows older, the authorities can opt for changes in the documented Indiana child support order. Such factors that can trigger these alterations are termed ‘significant change in circumstances.’

The distribution of property between estranged couples, determination of alimony, custodial rights of the child, as well as other related factors are the major issues of divorce. As such, they can take up a lot of your time (apart from being heavy on the pocket). Hence, it is always a good idea for you to seek the professional aid of a divorce lawyer from Indiana.