Expert Trial Attorney for Galloway Law

At Galloway Law, we aim to help clients get through divorce proceedings without the headaches of not knowing what can happen or how you can finalize your divorce the way you want. In Indiana, a divorce can be pursued on either no-fault or fault grounds. A no-fault divorce, based on irretrievable breakdown, requires only one spouse to state their desire to end the marriage. Fault-based divorces, however, necessitate proving grounds like felony conviction, impotence, or incurable insanity. Indiana follows an equitable distribution of marital property, meaning assets and debts are divided fairly, though not always equally. A 60-day waiting period is mandated between filing and finalizing a divorce. 

No-Fault Divorce:

• Irretrievable Breakdown:This is the most common ground for divorce in Indiana, where one spouse simply needs to declare that the marriage has broken down irreparably. 
• No Need for Consent:A no-fault divorce can proceed even if the other spouse does not want a divorce, as long as the procedural and jurisdictional requirements are met. 

Fault-Based Divorce:

• Legal Grounds:These include felony conviction, impotence existing at the time of marriage, or incurable insanity for at least two years. 
• Proof Required: Fault-based divorces require the party seeking the divorce to provide evidence of the other spouse's behavior or condition that meets the legal grounds for divorce.

Equitable Property Division:

• Fair, Not Equal:Indiana is an equitable division state, meaning marital property and debts are divided fairly, but not necessarily in a 50/50 split. 
• Factors Considered:Courts consider factors like each spouse's earning ability, contributions to the marital assets, and economic circumstances when determining a fair division. 
• Marital Property:Generally, property acquired during the marriage is considered marital property, while property acquired before the marriage, inheritances, or separate gifts are not. 

Other Important Considerations:

• Residency Requirements:. At least one spouse must have lived in Indiana for six months and in the county where the divorce is filed for at least three months. 
• Waiting Period:. There is a 60-day waiting period between filing for divorce and obtaining a final decree. 
• Child Custody and Support:. Indiana laws also address issues related to child custody, parenting time, and child support. 
• Spousal Maintenance:. Spousal support or maintenance may be awarded in certain situations, depending on the circumstances and the needs of the parties.