Divorce laws can vary from state to state. For instance, states may have residency requirements and waiting periods for getting a divorce, while all states allow some sort of "no-fault" divorce. The main provisions of Indiana's divorce laws are listed in the table below.
Code Section |
31-15-2-2 et seq. |
Residency Requirements |
One party at filing must be resident for 6 months. |
Waiting Period |
Final hearing no sooner than 60 days after filing; continue matter for 45 days if possibility for reconciliation; after 45, judge may enter decree upon request; if no request after 90 days, matter is dismissed. |
'No Fault' Grounds for Divorce |
Irretrievable breakdown. |
Defenses to a Divorce Filing |
- |
Other Grounds for Divorce |
Impotency; insanity for at least 2 yrs.; conviction of felony. |
No Fault Divorce Laws
As referenced in the chart above, Indiana is one of many states that now offers what has come to be known as a “no fault” divorce. Filing for a no fault divorce means that you do not have to allege or prove that your spouse did anything wrong in order to have your divorce granted. Instead, you only have to provide the reason that the state honors for the divorce. Under Indiana law, that reason is that the marriage is “irretrievably broken,” which is a fancier way of saying that you and your spouse cannot not get along anymore and your marital relationship cannot be fixed. There are also alternatives to the standard divorce under Indiana law known as an annulment and legal separation.
If you and your spouse have children, you should be aware of Indiana child custody laws, as well as state laws pertaining to child support guidelines and child support enforcement.
More Information About Divorce in General
A divorce can be an emotionally and legally difficult process for anyone to go through. You may find that consulting with an attorney can help in dealing with both your soon-to-be ex-spouse and the divorce paperwork. You can schedule a consultation with an experienced divorce attorney in Indiana. If you’d like to continue more of your own research, you can find more general information in FindLaw’s Divorce section.
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Indiana Divorce Laws: Related Resources
Learn More About Indiana Divorce Laws from a Lawyer
Getting divorced in Indiana, or in any state for that matter, can be a harrowing experience. Matters of marital property and especially child custody involve strong emotions and require the even hand of an experienced attorney in most cases. If you're interested in getting divorced - or have already started the process - contact a skilled divorce attorney in Indiana to get personalized legal advice and some guidance through the process.
