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Grounds for divorce under Indiana law

On Behalf of | Dec 8, 2021 | Divorce |

The decision to pursue divorce can be very difficult on Indiana residents. After considering their options and different paths toward the future, they may ultimately decide that their lives will be better if they end their legal relationships with their spouses. To accomplish such ends, they must file for and successfully complete divorce proceedings.

To get a divorce in Indiana, a person must plead one of the recognized divorce grounds established by state law. This post will discuss those grounds but does not offer advice to readers about the divorce process. When an individual decides that they are ready to pursue divorce, they can seek the counsel of a local attorney to support their legal needs.

Irretrievable breakdown

One of the most common grounds on which divorces are based is irretrievable breakdown. This means that the partners to a couple have conflicts that they cannot work out and that will not allow them to remain married to each other. When pleading irretrievable breakdown, individuals do not have to assign fault or blame for their divorces on themselves or their partners; irretrievable breakdown is a no-fault grounds for divorce.

Fault-based grounds for divorce

Indiana law recognizes several fault-based grounds for divorce. They are:

  • Felony conviction after marriage;
  • Impotence that exists at the time of the marriage; and
  • Incurable insanity that lasts for at least 2 years.

If one of these situations arises during the course of a marriage, an Indiana resident may be able to use it as a reason to end their marriage through divorce. However, some individuals do not want to discuss fault-based grounds in court and may elect to use irretrievable breakdown instead to file for divorce.

There are a number of requirements that an individual must meet to get a divorce. A divorce and family law attorney can help provide advice and counsel to a person considering the process.