Divorce laws can vary from state to state. For instance, states may have residency requirements and waiting periods for getting a divorce, while all states allow some sort of "no-fault" divorce. Just as states have regulations on the marriage process, they also have legal requirements for divorce that define the procedures a person must go through in order to get divorced.
This is a brief overview of divorce laws in the state of Indiana.
Indiana Divorce Laws: At a Glance
The main provisions of Indiana's divorce laws are listed in the table below.
§ 31-15-2-2 et seq. of the Indiana Code
One party at filing must be a resident for 6 months
Final hearing no sooner than 60 days after filing; continue matter for 45 days if the possibility for reconciliation; after 45, the judge may enter decree upon request; if no request after 90 days, the matter is dismissed
'No-Fault' Grounds for Divorce
Defenses to a Divorce Filing
Other Grounds for Divorce
Impotency; insanity for at least 2 yrs.; conviction of a felony
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
No-Fault Divorce Laws
All states, including Indiana, allow “no-fault" divorce. Filing for a no-fault divorce means that you do not have to allege or prove that your spouse did anything wrong in order to have your divorce granted. Instead, you only have to provide the reason that the state honors the divorce. Under Indiana law, that reason is that the marriage is “irretrievably broken," which is a fancier way of saying that you and your spouse can not get along anymore and your marital relationship cannot be fixed. There are also alternatives to the standard divorce under Indiana law known as an annulment and legal separation.
If you and your spouse have children, you should be aware of Indiana child custody laws, as well as state laws pertaining to child support guidelines and child support enforcement.
Research the Law
Indiana Divorce Laws: Related Resources
Learn More About Indiana Divorce Laws from a Lawyer
Getting divorced in Indiana, or in any state for that matter, can be a harrowing experience. Matters of marital property and especially child custody involve strong emotions and often require the even hand of an experienced attorney.
If you're interested in getting divorced, or have already started the process, contact a skilled divorce attorney in Indiana to get personalized legal advice and some guidance through the process.