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Deciding to pursue divorce is arguably one of the most difficult decisions you will ever face. Whether you are resolute in your decision to pursue divorce, your spouse has already filed for divorce, or you simply want to weigh your options, it is helpful to understand the basic components of the divorce process. Divorce law varies from state to state, so it is important to focus upon Indiana-specific procedures.
In Indiana, fault is of no consequence, meaning neither party must show fault in order to obtain a divorce. Further, even if one party opposes the divorce, the other party may still obtain the divorce.
Technically speaking, a divorce is referred to as a dissolution of marriage. A divorce has the effect of returning the parties to the status of single persons. The divorce process effectuates the division of property, divides a couple's assets and debts, and determines the custody, parenting time, and child support arrangements of a couple's children. Additionally, parties may file for Motions including, but not limited to, the following:
- Protective Order
- Temporary support or custody
- Possession of property
- Temporary maintenance
In order to file a Petition for Dissolution of Marriage, both parties must be residents of Indiana for six months prior to filing. Upon filing, the sixty-day waiting period is officially underway. During this time, the following issues should be resolved:
- Determining all assets and debts, and if necessary, hiring an accountant to value any business interests
- Determining what custody and parenting time arrangements are in the best interests of the children involved
No divorce can be granted until at least sixty days have elapsed. Normally, a non-contested divorce will take approximately sixty to eighty days, and a contested divorce will take approximately three to twelve months or more.
In Indiana, the Court must divide the parties' property, including:
- Property owned prior to the marriage
- Joint marital property
- Property owned by one of the parties after the marriage and before the date of filing of the Petition for Dissolution of Marriage
Indiana courts use a "just and reasonable manner" standard to divide property. The property may be divided by:
- Dividing the property in-kind
- Ordering for the sale of the property
- Awarding the property over to one spouse and requiring the other spouse to pay an amount
- Ordering the distribution of retirement benefits
Indiana law assumes an equal division of marital property is just and reasonable. However, this presumption may be rebutted upon the consideration of the following:
- The earnings or earning ability of the parties
- The contribution of each spouse to the acquisition of property
- Whether the property was acquired before the marriage or by gift or inheritance
- The economic circumstances of each spouse at the time of the division of the property
- The conduct of the parties during the marriage as it relates to the dissipation of the property
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