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The basics of divorce in Indiana

| Jan 21, 2021 | Divorce |

Many in our state believe that the spouse seeking a divorce has to prove something to get the divorce. This could be infidelity or some other reason. However, our state is actually a no-fault divorce state. This means that a spouse seeking a divorce does not have to prove anything to get a divorce. All a spouse needs to do is testify that the marriage is “irretrievable broken” to get a divorce, and then the divorce will proceed, regardless of the other spouse’s agreement or disagreement.

Do both spouses need to live here?

No. Only one spouse needs to be a resident of Indiana for at leas six months before a divorce filing. In addition, the county where one files must be the county where the resident spouse has been a resident for at least three months.

What are the costs?

Speak to an attorney. A divorce attorney can go over specific costs associated with one’s case as every case is different. Some divorces will be long, drawn out processes requiring multiple experts, like CPAs, while others are much simpler.

How long does it take?

Once filed, spouses must wait at least 60 days for the court to finalize the divorce. Of course, this is the minimum amount of time, but that will change based on the complexities of the case and whether the parties agree on all items.

How is property and debts divided?

Generally, courts seek to divide both property and debts evenly (50-50% basis). Of course, depending on the facts of the case, one can argue for more or less, like if one was financially irresponsible, hid assets, infidelity, fraud, etc.

Have more questions on divorce or family law, see our Evansville, Indiana, website, or contact us directly. The divorce process is an individualized process, and it is important to make sure spouses have a legal advocate to protect their best interests.