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| INFORMATION ON DIVORCES IN INDIANA GROUNDS FOR DIVORCE The grounds for a divorce (or "dissolution" of marriage) include: irretrievable breakdown of the marriage (one of the spouses feels the marriage cannot be saved), felony conviction of either party during the marriage, impotency, and incurable insanity of either party for at least two years. LEGAL SEPARATION A legal separation is a declaration that the marriage should still exist, but the parties should not continue to live together. A decree of separation is for one year and can be converted to a dissolution case. FILING THE DIVORCE PROCEEDING Either party may file a petition for dissolution in Indiana if he/she has resided in the state for six months, and in the county where the petition is filed for three months. TEMPORARY RESTRAINING ORDERS Oftentimes, the court will issue a temporary restraining order to prevent one spouse from coming to the residence or workplace of the other spouse, from physically harming the other spouse and his or her property, and from transferring or depleting marital assets. Violations of the restraining order can lead to arrest. TEMPORARY MAINTENANCE, SUPPORT AND CUSTODY Normally, either spouse can request temporary custody, support, maintenance or possession of property. The spouses can agree on these terms or the judge will conduct a hearing and enter a temporary order. This temporary agreement or order is not a final determination on those issues. FINAL HEARING In Indiana, the parties must wait 60 days before a final hearing can be held. During this time, a settlement can be negotiated or the case can be prepared for a contested trial. The dissolution is final upon entry of a decree of dissolution by the judge. DIVISION OF PROPERTY Indiana law presumes that all property should be divided 50/50 unless one spouse can present evidence that an equal division is not reasonable. A 50/50 division may be avoided by showing that one party unreasonably dissipated marital assets, or that due to the economic circumstances of the parties, one party should receive more of the marital property. CHILD CUSTODY AND PARENTING TIME In determining which parent will receive physical custody of any minor children, the court will consider the best interests of each child. There is no presumption favoring one parent over the other. The court will also consider the best interests of the children when determining which parent should have legal custody, which carries the authority and responsibility for major decisions regarding the child’s upbringing, such as education, health care and religious training. The non-custodial parent is entitled to reasonable parenting time unless it would harm the child. CHILD SUPPORT In Indiana, child support is determined by the Child Support Guidelines. Support is calculated based on the gross income of both parents, the number of children the parents are supporting, child care expenses, expenses for heath care coverage, and other special needs of the children. Upon final dissolution, the court will enter an income withholding order directing the employer to automatically deduct child support from the parent’s paycheck and forward it to the county clerk. The duty to provide child support continues until the child reaches age 21 or is emancipated. JOINT DEBTS While the court may order your spouse to pay a joint debt, the creditor is under no obligation to remove your name from the debt. So if your spouse fails to pay the debt or files bankruptcy and lists the joint debt, the creditor can seek payment from you. |
| Copyright Withered Burns & Persin, LLP, Attorneys at Law, Lafayette, Indiana. The above is for general information only, and does not constitute legal advice to anyone. Please contact our office for advice on your specific legal needs. |
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