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Frequently asked questions about filing for divorce in Indiana

On Behalf of | Jun 8, 2023 | Family Law

For those facing the prospect of divorce in Indiana, many questions may arise about the process. Understanding the intricacies of Indiana’s divorce laws can help prepare you for what lies ahead, reducing uncertainty and stress.

Consider these frequently asked questions about filing for divorce in Indiana.

What is the process for filing for divorce in Indiana?

The person initiating the divorce must first file a petition for dissolution of marriage with the appropriate court. After filing, they must serve the other spouse with the divorce papers. The served spouse then has a chance to respond.

What are the residency requirements for filing for divorce in Indiana?

Indiana law requires that at least one spouse has been a resident of the state for at least six months prior to filing for divorce. Also, the filing spouse must have been a resident of the county in which they are filing for at least three months.

How long is the waiting period for a divorce in Indiana?

Indiana law imposes a mandatory waiting period of 60 days from the date of filing the divorce petition before the court can finalize the divorce.

Is Indiana a no-fault divorce state?

Yes, Indiana is a no-fault divorce state. This means a spouse can file for divorce without having to prove any wrongdoing by the other spouse. The spouse only needs to claim the marriage is irretrievably broken.

How does the court determine custody and child support?

In Indiana, courts determine child custody based on the best interests of the child. They consider several factors including the age of the child, the child’s wishes, the parents’ wishes and the child’s adjustment to home, school and community. The noncustodial parent typically pays child support, which you can calculate based on the Indiana Child Support Guidelines.

How does Indiana handle property division in a divorce?

Indiana follows the equitable distribution model for property division. The court divides marital property in a manner it deems just and reasonable, which does not necessarily mean equal. It considers several factors, including the contribution of each spouse to the acquisition of property, the economic circumstances of each spouse and the conduct of the parties during the marriage.

With these questions answered individuals can approach the divorce process in Indiana with greater confidence and clarity.