Indiana Divorce Laws

Indiana Divorce Laws Guidelines 

Divorce Requirements for Indiana Residents

Either party must have been a resident of Indiana for the past six months prior to the divorce filing. Indiana Divorce papers may be filed in the Indiana county where the petitioner or the respondent has been a resident for at least three months.

Indiana Grounds For Divorce

The dissolution of marriage in the State of Indiana may be decided on the basis of either fault or no-fault grounds.

What are the no-fault grounds for divorce in Indiana?

1. Irretrievable breakdown of the marriage – No need to prove who is at fault. Either spouse can say that the marital union is beyond repair and that there is no chance for a reconciliation.

What are the fault grounds for divorce in Indiana?

1. Impotence at the time of the marriage
2. Felony conviction at the time of the marriage
3. Incurable insanity for a period of at least two years

Child Custody Law in Indiana

Indiana Divorce Courts may award either a sole or joint physical and legal custody if and when circumstances merit it to protect the welfare and best interests of the child. Generally, child custody in Indiana is decided upon by the court in consideration to the following factors:

1. The age and gender of the child;
2. The parents’ wishes as to custody;
3. The child’s wishes, especially if the child is at least 14 years old and is capable of making sound decisions as may be determined in court;
4. The child’s interpersonal relationship with the parents, the siblings and others;
5. The child’s adjustment to home, school and community;
6. The mental and physical health of all individuals involved in the custodial contest;
7. The stability in the home, income, housing, and child care of the potential custodian;
8. Evidence of domestic violence, or a pattern of which, by either parent.

Guidelines for Indiana Child Support

The State of Indiana uses a comprehensive set of guidelines in computing Child Support, which is based on a lot of factors. The computation of which depends on the financial resources of the custodial parent; the standard of living that the child would have enjoyed if not for the divorce; the physical, mental condition and the educational needs of the child; the financial resources and needs of the non-custodial parent. Child support must cover the reasonable needs of the child (physical, emotional, educational, medical, among others). A health insurance coverage for the child may also be required by the court.

The child support ruling will be terminated when the child reaches 21 years old unless under certain circumstances such as if the child is incapacitated, among others.

Where to file for a divorce?

Indiana Divorce Forms may be filed in the county where the couple resided when the marriage failed or in the county of residence of either the respondent or the petitioner where they lived for at least three months.

For a fast and inexpensive divorce process, you can file Indiana online divorce forms.

Refer to the “Divorce Requirements for Indiana Residents” above and also review the best online divorce sites.

Mediation

Either party may file for a mediation settlement in the Indiana Family Courts to settle their divorce disputes by themselves instead of by the court. Opting for mediation would make the divorce proceedings less-intrusive and painful as the parties go for an uncontested divorce once their disputes are settled amicably behind closed doors with the help of a professional mediator.

Need information for a different state?

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You may also visit the Indiana Courts for more information