Divorce Guide

Divorce Guide

Indiana Divorce Rights

In order to file a case for the dissolution of the marriage in the Indiana state of the USA, residency requirements have to be met. When filing the petition for the dissolution of marriage, at least one of the parties must be residing in Indiana for six months. The residency requirements are also considered to be fulfilled if the petitioner is stationed at any of the military installations of the United States of America, within Indiana State. The time period here is six months. A person residing in any of the counties of the state can also file the petition if the petitioner is residing in the county for a period of three months.

In Indiana, there are some grounds which are considered legal when a couple moves the court so as to dissolute the marriage. When the court finds that the marriage has been broken down irretrievably, the court will decree the dissolution of the marriage. The conviction of felony, impotency and the incurable insanity for a period of two years by either of the parties also fall in the same category.

The court can declare the legal separation of the couple if the court concludes that the circumstances are such that it is impossible for both the parties to continue with the marital relationship.

After the divorce, the division of the property is considered to be a very important issue. Indiana State follows the principle of an equitable distribution. The equitable distribution of the resources means, the property acquired during the marriage period would be distributed equally between both the parties. This principle is based on the fair distribution of property after taking into account a number of factors such as length of the marriage, contribution of spouses to the acquired property etc.

One of the spouses can, however mould the case in his/her favour by showing the documents of the property acquired by him before the marriage, property acquired by him through inheritance and through gift. The court can also consider the tax related consequences of either of the parties with respect to its economic circumstances.

Alimony advice is a very important issue in any of the divorce related cases. This happens in cases where the court finds that any of the spouses is not physically or mentally fit to support himself/herself and is financially not very sound. While deciding the alimony support or the spousal support, the court can take into consideration a number of factors related to the couple and their marriage period. Some of the factors are: the court may consider the earning capacity of the spouses, their educational background, and their responsibilities towards the family during the marriage period, their vocational skills and the length of their absence from the professional field.

The court can also allow a woman to restore her previous name or her maiden name. But this is possible only after completion of the dissolution of the marriage.

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