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Indiana Divorce Law Summary
Introduction
This summary provides a clear framework for couples seeking to dissolve their marriage in Indiana.
According to recent statistics, Indiana’s divorce rate is approximately 10.1 divorces per 1,000 people, slightly higher than the national average of about 9.2 divorces per 1,000 people.
Indiana divorce law encompasses various aspects that affect both spouses, particularly regarding child custody, support obligations, and property division.
Getting a divorce is a life-changing event. This fact underscores the importance of being well-informed about your state’s divorce laws and process if you want to make responsible and mindful decisions about your case.
This divorce law summary is intended to provide a general starting point for learning about your state’s divorce laws and processes. It is not intended to be a substitute for you retaining the services of a local and experienced divorce lawyer who can advise you based on your goals and the specific circumstances and legal issues your case presents.
This article will cover the following divorce topics for the state of Indiana:
- Residency Requirements
- Legal Grounds For Divorce
- Legal Separation
- Property Distribution
- Spousal Maintenance (Alimony)
- Child Custody
- Child Support
- Legal Name Change
State Residency Requirements
At least one spouse must have lived in Indiana for a minimum of six months immediately preceding the filing of the divorce petition.
In addition to the state residency requirement, at least one spouse must have lived in the county where the divorce is filed for at least three months immediately before filing. This ensures that the local court has jurisdiction over the case.
Legal Grounds For Divorce
Indiana recognizes both no-fault and fault-based grounds for divorce, with the irretrievable breakdown of the marriage being the primary ground.
Indiana is primarily a “no-fault” divorce state, meaning that the spouse filing for divorce does not need to prove fault or wrongdoing by the other spouse.The petitioner must provide a statement that the marriage is irretrievably broken.
However, a spouse may choose to dissolve their marriage under the states fault-based statute:
Statutory Basis For Fault-Based Grounds
- Irretrievable breakdown of the marriage. (AKA: No-Fault)
- The conviction of either of the parties, after the marriage, of a felony.
- Impotence was discovered at the time of marriage.
- Incurable insanity of either party for at least two years
- Habitual Substance Abuse
- Abandonment
Legal Separation
In Indiana, separation does not have a formal legal status like in most other states.
Legal Separation: Indiana does not require couples to be legally separated before filing for divorce. However, couples can choose to file for legal separation, which allows them to resolve issues like child custody, support, and property division without ending the marriage.
Informal Separation: Many couples may live apart without formalizing this status. This period can help determine whether the marriage should continue or whether divorce is the best option.
Impact on Divorce Proceedings
- While no separation period is required in Indiana, living apart may influence property division and spousal support.
- Either spouse can file for divorce without needing to prove a period of separation. Indiana requires that at least one spouse has lived in the state for six months before filing.
- During the separation period, either spouse can request temporary orders from the court to address issues like custody, visitation, and financial support until the divorce is finalized.
Property Distribution
Indiana is an equitable distribution state regarding marital property division. This means the court may presume that an equal division of marital property between the parties is just and reasonable.
However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable under the circumstances:
- The contribution of each spouse to the property acquisition, regardless of whether the contribution was income-producing.
- The extent to which the property was acquired by each spouse: before the marriage or through inheritance or gift.
- The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children.
- The parties’ conduct during the marriage is related to the disposition or dissipation of their property.
- The earnings or earning ability of the parties as related to a final division of property and a final determination of the parties’ property rights.
Spousal Maintenance (Alimony)
The court may order spousal maintenance in either a dissolution of marriage or legal separation.
Temporary Maintenance: This can be awarded during the divorce proceedings to help a lower-earning spouse maintain a reasonable standard of living.
Final Maintenance: Spousal maintenance may be awarded in certain circumstances after the divorce.
Indiana law allows for final spousal maintenance under specific conditions:
One spouse is incapacitated and unable to support themselves.
The marriage lasted at least ten years, and the spouse seeking maintenance lacks sufficient property or income to support a reasonable standard of living.
The court will consider factors such as:
- The length of the marriage.
- The financial resources of both spouses.
- The age and health of both spouses.
- The standard of living during the marriage.
- Contributions to the marriage, including homemaking.
The court will also consider the following factors when awarding maintenance:
- The educational level of each spouse at the time of marriage and when the divorce action was commenced.
- Whether an interruption in the education, training, or employment of a spouse seeking maintenance occurred during the marriage due to homemaking or child care responsibilities, or both.
- The earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market.
- The time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment.
Child Custody
If contested, the court will determine who will be awarded child custody and to what extent it will be shared.
The court may award joint child custody if it finds it is in the child’s best interest. The court shall determine control and enter a custody order based on the child’s best interests.
In determining the child’s best interests, there is no presumption favoring either parent.
The court shall consider all relevant factors, including the following:
- The age and sex of the child.
- The wishes of the child’s parent or parents.
- The child’s interaction and interrelationship with the child’s parent or parents, the child’s sibling, and any other person who may significantly affect the child’s best interests.
- The child’s adjustment to the child’s home, school, and community.
- The mental and physical health of all individuals involved.
- Any evidence or pattern of domestic violence by either parent.
Child Support
Child Support Guidelines
Indiana uses a set of child support guidelines to calculate parental child support obligations, which consider:
- The income of both parents.
- The number of children.
- Parenting time arrangements.
Calculations
The Indiana Child Support Guidelines provide formulas to determine the appropriate amount of child support based on both parents’ combined income and the child’s needs.
Duration of Child Support:
Child support typically continues until the child turns 19, graduates from high school, or is otherwise emancipated.
Modification of Child Support:
Either parent can request a modification of child support if there is a significant change in circumstances, such as a change in income or parenting time.
In a proceeding to establish, modify, or enforce a child support order, the court shall enter an order for immediate income withholding. The duty to support a child ceases when the child becomes twenty-one (21) years of age unless any of the following conditions occur:
The child is emancipated before becoming 21 due to joining the United States armed services, marriage, or is not under the care or control of either parent or an individual or agency approved by the court.
The child is incapacitated. In this case, the child support continues during the incapacity or until further court order.
Enforcement of Child Support:
Both spousal maintenance and child support orders can be enforced through the court. If a party fails to pay, the receiving spouse can seek enforcement, including wage garnishment or other legal remedies.
Legal Name Change
In Indiana, a spouse seeking a name change during the divorce proceedings can include the request in the divorce petition. The spouse must clearly specify the desired name in the divorce petition.
The court will generally grant the name change if it is reasonable and not intended for fraudulent purposes. Common reasons for a name change include returning to a maiden name or another previous name.
If the name change request is approved, the final divorce decree will include the name change, allowing the spouse to legally use the new name.
If a name change is not requested during the divorce proceedings, the spouse can request the name change after the divorce.
Divorce Tip
Watch Attorney Damon Moore Explain The Basics of Divorce Law In Indiana:
Sources and References
Indiana Child Support Guidelines
Cornell Law Information Institute
Indiana Courts and Legislature
Womans.org – Indiana Divorce Law
