Indiana Divorce Law
Indiana has residency requirements to file for divorce. At least one of the parties must have been a resident for a certain period of time. The petitioner will file a Petition for Dissolution of Marriage against the respondent. The final document is called the Final Dissolution of Marriage Decree. The grounds for divorce in Indiana include: an irretrievable breakdown of the marriage with no hope for reconciliation; a felony conviction of either party; impotence that existed at the time of the marriage; or mental incapacitation of either party for a mandated period of time.
A legal separation may be granted if the court finds that the marriage conditions are unlivable and that the spouses need to live apart. Some cases may be required to attend counseling or mediation appointments by the courts. If the wife wishes to return to her maiden name or a former married name, it must be stated on the petition for dissolution of marriage. A premarital agreement is usually valid unless it is proven that either party signed the agreement under duress or any information was forged.
Indiana Divorce Law & Property
Indiana will distribute property equally unless either party wishes to present evidence disputing the fairness of this process. Factors that can affect equitable distribution include: the contributions of both parties to the acquisition of marital property, including the homemaking or child care contributions by one spouse; whether the marital home should be awarded to the custodial parent; the conduct of both parties during the marriage as it relates to property; and whether any property should be considered separate property, acquired by one spouse before the marriage and allowed to remain with the original owner.
Indiana Divorce Law & Alimony
Spousal support in Indiana may become complicated if the spouse seeking support is incapable of providing their own support because of either mental or physical incapacitation. The court may require the supporting spouse to maintain support for a certain amount of time until the supported spouse is competent enough to support him or herself.
When awarding standard alimony, the court will consider many factors including:
the educational levels of both spouses at the time of the marriage and any additional education that occurred during the marriage
whether either spouse sacrificed their own career or education for homemaking, child care, or for the good of the family
the income and financial resources of both spouses
the ability of the supporting spouse to reasonably meet other financial responsibilities, including their own support
the earning potential of both spouses
and if education or vocational training is needed for the supported spouse to gain reasonable employment and the time and cost of that training.
Indiana Divorce Law & Child Custody
The court will consider both parents equally for custody regardless of gender or occupation. Joint custody may be rewarded if it is in the best interest of the child. When considering custody, the court will look at the following factors:
the desire of either parent to be the custodial parent
the age and gender of the child
the wishes of the child if the child is mature enough to express their opinion
the physical and mental health of all parties involved
the relationship of the child with siblings, grandparents, and other family members
the adjustment of the child to their home, school, and community and how custody would affect those situations
and any evidence or history of abuse.
Indiana can recognize a non parental de facto custodian such as another family member if that person is found to be the child’s primary caregiver. The court can give the de facto custodian rights to the child and can include them in the court custody proceedings. Visitation rights can be given to non custodial parents.
Indiana Divorce Law & Child Support
Child support is not guaranteed but is intended to provide for the needs of the child. Indiana uses the income shares model to calculate the financial responsibilities of both parents. The court may award support after considering many factors, including:
the financial resources of both parents and any financial resources of the child
the standard of living that the child was accustomed to during the marriage and whether that standard would have continued without the divorce or separation
and any special physical, mental, or educational needs of the child that will increase their cost of living.
In addition to financial support, child support awards may include requirements for health insurance payments, medical bills, or school tuition. Child support generally stops when the child leaves postsecondary school upon graduation, leaves secondary or postsecondary school with no intention of returning, marries, or joins the military.
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