Divorce in Indiana is legally referred to as Dissolution of Marriage.
Residency Requirement:
To file for a divorce or legal separation, either party must be a resident of Indiana or stationed at a U.S. military installation within the state for six months immediately preceding the filing of the petition. At the time of filing either party must be a resident of the county or stationed at a U.S. military installation within the county where the petition is filed for three months immediately preceding the filing.
Filing:
A Petition for Dissolution of Marriage may be filed in Domestic relations court in the county where the party is a resident.
At least 60 days after a Petition for Dissolution is filed, the court may enter a summary dissolution decree without holding a final hearing if the Petition (filing spouse) has filed verified pleadings signed by both parties with the court containing the following:
A written waiver of final hearing; and
Either: a statement that there are no contested issues in the action or a written agreement that settles any contested issues between the parties.
Spouse’s Name:
A woman who desires the restoration of her maiden name must set out the name she desires to be restored to her in her Petition for Dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution.
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Legal Grounds for Divorce
The statutory grounds for divorce in Indiana are as follows:
1. Irretrievable breakdown of the marriage;
2. A felony conviction by either of the parties, after entering into the marriage;
3. Impotency, existing at the time of the marriage; and
4. Incurable insanity of either party for a period of at least two years.
Annulment
The following void marriages, prohibited by Indiana law:
Two individuals may not marry each other if they are more closely related than second cousins, unless the individuals are first cousins and both parties are at least 65 years of age;
Either party to the marriage already has a husband or wife who is still alive;
Common law marriages entered into after January 1, 1958; and
The parties to the marriage are residents of Indiana, had their marriage solemnized in another state with the intent to evade state law subsequently returned to Indiana and reside in Indiana without having established residence in another state in good faith, return to Indiana and reside in state after the marriage is solemnized.
The following are voidable marriages:
Either individual is younger than 18 years of age, unless both parties are at least 17 years of age and have received consent from a parent or guardian, or the female is at least 15 years of age and is pregnant or a mother and the male is at least 15 years of age and is either the father of the expected father of the expected child of the female or the father of the female’s child;
Either party was mentally incompetent when the marriage was solemnized; and
The marriage was brought about through fraud on the part of one of the parties to the marriage.
An incapable party due to age or mental capacity, and an alleged victim of fraud may file an action to annul the marriage in a court that has jurisdiction over the action. However, to file for annulment, after the discovery of the alleged fraud, the alleged victim must not have continues to cohabit with the other party.
A circuit or superior court has jurisdiction over actions to annul voidable marriages.
Property Division
Indiana is an equitable division state. In an action for dissolution of marriage, the court shall divide the property of the parties whether owned by either spouse before the marriage, acquired by either spouse in his/her own right after the marriage and before final separation of the parties, or acquired by their joint efforts.
The court shall divide the property fair and reasonably in the following manner:
Division of property in kind;
Setting the property or parts of the property over to one of the spouses and requiring either spouse to pay an amount, either in gross or in installments, that is just and proper;
Ordering the sale of the property under such conditions as the court prescribes and dividing the proceeds of the sale; or
Ordering the distribution of pension or retirement benefits that are payable after the dissolution of marriage, by setting aside to either of the parties a percentage of those payments either by assignment or in kind at the time of receipt.
The court will generally show a preference towards equal division of the marital property as being just and reasonable. However, consideration of the following factors may overcome the court’s presumption:
The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing;
The extent to which the property was acquired by each spouse before marriage, or through inheritance or gift;
The economic circumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children;
The conduct of the parties during the marriage as related to the disposition or dissipation of their property;
The earnings or earning ability of the parties as related to final division of property and a final determination of the property rights of the parties; and
The tax consequences of the property disposition with respect to the present and future economic circumstances of each party.
If the court finds there is little or no marital property, it may award either spouse a money judgment not limited to the property existing at the time of final separation. However, this award may be made only for the financial contribution of one spouse towards tuition, books, and laboratory fees for the postsecondary education of the other spouse.
Maintenance
A court may consider the following factors when determining an award of maintenance:
Whether the requesting spouse is physically or mentally incapacitated to the extent that his/her ability to support him/herself is materially affected;
Whether the requesting spouse lacks sufficient property to provide for his/her needs and he/she is the custodian of a child whose physical or mental incapacity requires the custodial parent to forgo employment;
The educational level of each spouse at the time of the marriage and at the time the action is commenced;
Whether an interruption in the education, training, or employment of the requesting spouse occurred during the marriage as a result of homemaking or child care responsibilities, or both;
The earning capacity of each spouse, including education background, training, employment skills, work experience, and length of presence in or absence from the job market; and
The time and expense necessary to acquire sufficient education or training to enable the requesting spouse to find appropriate employment.
The court may award maintenance for a set period of time, as the situation warrants, or may find in favor of rehabilitative maintenance for a period of time that the court considers appropriate, but not to exceed three years from the date of the final decree.
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