Indiana Divorce Laws
The state of Indiana has its own set of laws governing divorce, including grounds for dissolution of the marriage, how community property is divided, and factors that can influence determinations of child custody and support made by the court. Those who plan to get a divorce in Indiana should be apprised of the basic requirements for filing for divorce so they know what to expect as their divorce case progresses to a final decree.
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Residency and Filing Requirements
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To file for divorce in Indiana, either the petitioner--the spouse who wants a divorce--or the respondent spouse must have been a resident of the state for at least six months. Additionally, one of the spouses must have been a resident of the county where the petition is filed for at least three months. Indiana law establishes a 60-day waiting period after the petition is filed before a divorce can become final. But this 60-day period is arbitrary; a divorce in Indiana can be prolonged depending on how long it takes for divorcing spouses to agree to community property division and child custody issues.
Grounds for Divorce in Indiana
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Grounds for divorce in Indiana are limited compared to most states. Indiana law permits for a no-fault divorce due to irretrievable breakdown of the marriage. However, state law permits only three grounds for a "fault" divorce: if one of the spouses was convicted of a felony after the marriage, was impotent at the time of the marriage, or was incurably insane for at least two years.
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Division of Community Property
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Indiana law requires a court to presume that equal division of community property between the spouses is "just and reasonable." However, courts may decide to award one spouse more of the marital estate, depending on several factors. These include: the contribution each spouse made to the property's acquisition, if the property was acquired before marriage or through gift or inheritance, the economic circumstances of each spouse, if one spouse squandered community assets during marriage, and the current income and earning potential of each spouse. The court may be inclined to award the family home to the spouse with primary physical custody of children.
Child Custody Issues
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Courts in Indiana will always make custody determinations in the best interest of the child. While the court makes no presumption that one parent is better than the other based on gender, it is required to consider certain very relevant factors before awarding custody. These include the age and gender of the child and the child's and parents' wishes--special consideration is given to the wishes of a child who is 14 years of age or older. The court will also consider how the child interacts with her parents, siblings and any other people in her parents' life who might affect her best interests. Courts will note if the child is already adjusted to a certain home, school and community environment. The mental and physical health of both child and parents will be taken into consideration, as will any evidence that domestic violence occurred in the marriage.
Child Support
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In Indiana, both parents must contribute to the support of their child. However, if there is a discrepancy between the earnings of each parent, the parent with greater earning power typically pays child support if he is not the custodial parent. In deciding child support, the court will consider the financial resources of the parent who has primary physical custody of the child and will make every attempt to ensure that the child has the same standard of living had her parents not divorced. Other factors the court will consider in child support matters is if the child has special physical, mental or educational needs. The court will also consider the financial resources and personal needs of the noncustodial parent. Indiana statute includes child support guidelines that provide a formula for determining the amount each parent should contribute to the child's welfare based on their combined weekly adjusted income. These guidelines can be accessed through the link below.
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