Indiana divorce laws establish clear grounds for divorce that courts will accept. These Indiana divorce causes fall into two main categories: no-fault and fault-based grounds.
No-Fault Divorce: Irretrievable Breakdown
The most common ground for divorce in Indiana is irretrievable breakdown of the marriage. This no-fault option means you don't need to prove wrongdoing by either spouse. Instead, you simply state that the marriage cannot be saved and reconciliation is impossible.
Courts accept this ground when one or both spouses declare the relationship is beyond repair. You don't need to provide specific details about what caused the breakdown. This approach reduces conflict and allows couples to focus on resolving practical matters like property division and child custody.
The irretrievable breakdown ground covers many situations:
- Growing apart over time
- Different life goals and values
- Communication problems that cannot be resolved
- Loss of emotional connection
- Incompatibility issues
Judges may delay the divorce if they believe reconciliation is possible. However, when both spouses agree the marriage cannot work, courts typically proceed with the dissolution.
Fault-Based Divorce Grounds
Indiana also recognizes three specific fault divorce grounds. These require proof of wrongdoing or specific circumstances that make continuing the marriage impossible.
Felony Conviction
If your spouse was convicted of a felony after your marriage began, this serves as grounds for divorce. The conviction must have occurred during the marriage, not before. This ground recognizes that serious criminal behavior can destroy the foundation of trust necessary for marriage.
The felony conviction affects more than just the divorce grounds. Courts may consider this factor when making decisions about:
- Property division
- Spousal support awards
- Child custody arrangements
- Parenting time guidelines
Impotence at Time of Marriage
If your spouse was impotent at the time you married, this can serve as grounds for divorce. This ground requires proving the condition existed when you got married and prevented normal marital relations.
This is rarely used as a ground because it requires intimate medical testimony. Most couples find the no-fault irretrievable breakdown option more practical and private.
Incurable Insanity
If your spouse has been incurably insane for at least two years, this can justify divorce. This ground requires medical evidence proving the mental incapacity is permanent and has lasted the required time period.
This situation creates difficult emotional and practical challenges. The spouse seeking divorce often feels guilty about leaving a mentally ill partner while struggling with the limitations this places on their life.
How Grounds Affect Your Divorce Case
The grounds you choose can impact various aspects of your divorce proceedings. While no-fault divorces are generally simpler, fault-based grounds may influence court decisions.
Impact on Property Division
Indiana follows equitable distribution principles for marital property. Courts consider various factors when dividing assets, including spouse conduct that affects marital finances.
If you prove fault grounds like felony conviction, this may influence property division. For example, if criminal behavior led to financial losses, the innocent spouse might receive a larger share of remaining assets.
Spousal Support Considerations
Fault grounds can affect spousal support decisions. If one spouse's criminal behavior or other misconduct contributed to the marriage's breakdown, this may influence maintenance awards.
Courts consider the physical or mental incapacity of either spouse when determining support. If mental illness makes one spouse unable to work, they may qualify for longer-term maintenance regardless of fault.
Child Custody Implications
Fault grounds significantly impact child custody decisions. Courts always prioritize the best interests of children when making custody and parenting time determinations.
Criminal convictions raise serious concerns about a parent's fitness. Courts may order supervised visitation or restrict parenting time if safety issues exist. Mental health problems also require careful evaluation to protect children's welfare.
The Divorce Process and Waiting Periods
Regardless of which Indiana divorce causes you cite, the legal process follows similar steps. Understanding these requirements helps you prepare for what lies ahead.
Filing Requirements
To file for divorce in Indiana, you or your spouse must meet residency requirements:
- At least six months' residence in Indiana
- At least three months' residence in the filing county
You must file your petition for dissolution in the county where you or your spouse lives. The petition must state the grounds for divorce and outline the relief you're seeking.
Mandatory Waiting Period
Indiana law requires a 60-day waiting period from filing until the divorce can be finalized. This cooling-off period applies regardless of which grounds you use.
During this time, courts can issue temporary orders about:
- Child custody and support
- Spousal maintenance
- Use of marital property
- Living arrangements
Contested vs. Uncontested Cases
Your choice of grounds may affect whether your divorce becomes contested. No-fault cases often proceed more smoothly because they don't require proving wrongdoing.
Fault-based cases may become more contentious if your spouse disputes the allegations. This can lead to longer proceedings and higher legal costs.
Family Law Considerations
Divorce affects many aspects of family life beyond just ending the marriage. Understanding these broader implications helps you make informed decisions.
Child-Related Issues
When children are involved, courts must address several important matters:
Child Custody: Indiana encourages joint legal custody when possible, allowing both parents to make important decisions about their children's upbringing. Physical custody determines where children live primarily.
Indiana Child Support: Both parents have obligations to support their children financially. Courts use established guidelines to calculate appropriate support amounts based on income and parenting time.
Parenting Time Guidelines: Indiana provides detailed guidelines for scheduling time with the non-custodial parent. These guidelines consider children's ages and developmental needs.
Property and Financial Issues
Divorce requires dividing marital property and debts accumulated during the marriage. Indiana's equitable distribution system aims for fair division based on various factors:
- Length of the marriage
- Each spouse's contributions
- Economic circumstances
- Earning capacity
- Conduct affecting marital assets
Spousal Support
Indiana limits spousal support to specific situations. Unlike traditional alimony, maintenance is only available when:
- One spouse is physically or mentally incapacitated
- A spouse cannot work due to caring for a disabled child
- Rehabilitative support is needed for education or training
Rehabilitative maintenance is limited to three years and helps spouses become self-supporting.
Choosing the Right Grounds
Selecting appropriate Indiana divorce causes requires careful consideration of your specific circumstances. Several factors should influence your decision.
Practical Considerations
No-fault divorce offers several advantages:
- Faster proceedings
- Lower legal costs
- Reduced conflict
- Greater privacy
- Simpler proof requirements
Fault-based grounds may be worth pursuing when:
- Substantial marital assets are at stake
- Child safety concerns exist
- Criminal behavior affected family finances
- You need to establish grounds for favorable property division
Legal Strategy
Consult with experienced family law attorneys before choosing your grounds. They can evaluate whether fault grounds would benefit your case or create unnecessary complications.
Consider the evidence required to prove fault grounds. Medical records, criminal convictions, and witness testimony may be necessary. Weigh these requirements against the potential benefits.
Emotional Factors
Fault-based divorces can be more emotionally challenging for everyone involved, including children. Consider whether proving fault is worth the additional stress and conflict.
No-fault options often promote healing and cooperation, especially important when children are involved and ongoing co-parenting relationships are necessary.
Impact on Divorce Decree
The final divorce decree resolves all issues in your case. The grounds you choose can influence various terms included in this document.
Financial Provisions
Your divorce decree will address property division, debt allocation, and any spousal support obligations. Fault grounds may influence these financial arrangements.
Child-Related Orders
If you have children, the decree will establish custody arrangements, support obligations, and parenting time schedules. Fault grounds affecting child safety will significantly impact these provisions.
Future Modifications
Some aspects of your divorce decree can be modified later if circumstances change. Understanding this possibility helps you make informed decisions during your divorce.
Working with Family Law Professionals
Navigating Indiana divorce causes and their implications requires legal expertise. Qualified attorneys help you understand your options and develop effective strategies.
Choosing Legal Representation
Look for attorneys with extensive experience in Indiana family law. They should understand how different grounds affect various aspects of divorce proceedings.
Preparing Your Case
Gather relevant documentation to support your chosen grounds. This might include financial records, medical reports, or evidence of misconduct.
Protecting Your Interests
Skilled legal representation helps protect your rights and interests throughout the divorce process. This is especially important in complex cases involving significant assets or child custody disputes.
Remember
Understanding Indiana divorce causes helps you make informed decisions about ending your marriage. Whether you choose no-fault irretrievable breakdown or one of the fault-based grounds, each option has specific implications for your case.
Consider the practical, legal, and emotional aspects of your situation when selecting grounds for divorce. Work with qualified family law professionals to develop a strategy that protects your interests and promotes the best outcome for your family.
Remember that divorce is not just a legal process but also a major life transition. Focus on resolving issues fairly and constructively, especially when children are involved. The grounds you choose set the tone for your entire divorce proceeding, so make this decision carefully with proper legal guidance.