Divorce Guide

Divorce Guide

Indiana No Fault Divorce

According to Indiana no-fault divorce laws, a party can file divorce on the grounds of “incompatibility of temperament” or “irreconcilable differences” which has caused the “irretrievable breakdown” in the marriage. These grounds are called the “no-fault grounds” of divorce where none of the party have to prove in the court that the other party had indulged in any “wrongdoing” such as adultery or desertion or willfully deserted or has committed emotional/physical cruelty etc. The factors that are mentioned are ‘fault grounds” of divorce.

Choosing between “fault” or “no-fault” grounds

When a person decides to file for divorce he/she needs to specifically mention the reason of doing so. A person may choose to file the divorce on “no-fault” grounds even if there are substantial “wrongdoings” on the part of the other spouse. This may be to avoid a bitter battle in the court proving the “wrongdoing”. People choose “no-fault” grounds so that their children do not get embroiled in the messy battles in the court. In some cases, however, spouses choose to file fault grounds of divorce so that they may have an edge on the other spouse regarding matters of child custody or property division etc.

Residential requirements in IN no fault divorce

Indiana no-fault divorce guidelines specify that at least one spouse must be the resident of that state for the last six months of filing the divorce case. The case can be filed in the county where the plaintiff or the defendant is residing.

Child custody in IN no fault divorce

In most of the no-fault divorce cases, spouses try to settle issues regarding child custody and child support “outside the court” to make it economical. Custody mediation is then chosen, which may give shared parental custody of the child keeping the best interests of the child in mind. If a spouse wishes to contest for child custody the courts may look into the custody matter so that the best interests of the child are not compromised. Contested divorce cases take longer time than uncontested ones. Child support is to be extended to the child by pooling both the incomes of the parents till the child reaches the age of 18 years.

Property division in IN no-fault divorce

Indiana is an “equitable distribution” state where the property is equitably divided among the spouses but not exactly equal. If the divorce is uncontested then it is the spouses who decide the matter of property settlement. If a spouse raises this issue as a “contested one”, then the courts hear both the arguments and then take a judgment regarding property division.

It is always advisable to see the attorney who will tell you the pros and cons of filing the divorce on proper grounds. If the divorce grounds are no-fault and uncontested, one can go ahead with do-it-yourself divorce. But in contested ones, one must hire a good attorney who can guide the client well.

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