Indiana Divorce Laws – Breaking up Hoosier Style

Indiana Divorce Laws - Breaking up Hoosier Style

People that live in Indiana are called “Hoosiers,” and the funny thing is that nobody seems to know why. If you cannot remember why you got married, you may want to understand Indiana divorce laws.

Divorce Laws in Indiana for Infidelity

There are four grounds when it comes to Indiana divorce laws, which the state calls “grounds for a decree of dissolution of marriage.”

The first one is the most common. It is a no-fault ground for divorce called “irretrievable breakdown of the marriage.” In other words, the marriage has broken down and the couple wants to split up. Neither spouse necessarily did anything wrong.

Before the 1970s, the only way to get divorced was to prove that your spouse had committed some “fault,” like adultery.

Indiana still has a few fault grounds for divorce, including the conviction of a felony, impotence, and incurable insanity.

You can no longer get a divorce on the grounds that your spouse cheated on you under State of Indiana divorce laws.

Adultery could, of course, cause an irretrievable breakdown though.

Indiana divorce laws – alimony

In many states, a divorced spouse can be forced to pay monthly payments to an ex-spouse until the ex gets remarried or dies.

Historically it was usually a husband paying support to his ex-wife because she was thought to be unable to care for herself. This is a bit of an antiquated idea that is falling out of favor because today a divorced wife is usually expected to live a full life without needing her ex.

Divorce laws in Indiana will only allow very limited alimony in unusual cases, and it is usually only for a short period of time.

Indiana divorce laws regarding property and children

Indiana really encourages couples to have “amicable settlements” on issues like property and child custody and support.

The idea is that courts are bogged down with all sorts of disputes and judges do not need to spend all their time trying to make fair decisions about intimate family disputes.

As such, a court can, and usually will incorporate an agreement from the couple into the final divorce decree.

Property has to be divided in a “just and reasonable manner,” and Indiana divorce laws assume that the split should be equal unless there is some reason to do it differently.

Reasons for having a different split include the contribution of each spouse to the marriage and the economic circumstances of each spouse after the marriage.

When it comes to children, Indiana courts always look the the “best interests of the child.” Usually, that means whatever the parents agree to, but sometimes a court will step in to resolve disputes or even overrule both parents.

Child support payments will usually follow a calculated amount based on where the child lives and how much each parent earns.

Pump the brakes

Indiana does not want couples to split up too fast.

The state’s divorce laws say that a final hearing on divorce cannot be granted until 50 days have passed since the petition for divorce. This “waiting period” is thought to keep couples from making a rash decision.

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