Indiana Divorce & Separation
The laws and rules governing the separation and divorce processes can differ significantly from one state to another. What are the requirements for getting a divorce in Indiana? Is mediation a requirement before you can get an Indiana divorce? What is the law on Indiana annulments? Find the answers to your Indiana divorce questions here.
Indiana Legal Separation:
Legal separations are allowed in Indiana and granted on the same grounds as divorces (see “Grounds for Divorce” below). They are granted in many circumstances where the court finds that the marriage should be maintained, but that separate living arrangements are necessary.
Grounds for Divorce/Fault – No Fault:
Indiana has both fault and no-fault grounds for divorce. For no-fault divorces, the parties need merely show an “irretrievable breakdown of the marriage” to establish grounds. Fault-based divorces, however, require significantly more specific grounds, for instance: felony convictions after the marriage commences, impotence at the time the marriage commenced, or incurable insanity for at least two years.
Residency/Where to File for Divorce:
To file for divorce, either party must have been a resident of the state for at least six months before filing. The petition must be filed in the circuit court with jurisdiction over the county in which either party resides.
Indiana Divorce/Child Support/Child Custody Lawyers:
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Divorce Mediation in Indiana:
For marriages with children, the court has the right to order a reconciliation conference and/or counseling for the children, which would likely involve the services of a well-trained, court-appointed mediator. A mediation session might also be called for if there are issues that could be resolved and agreed upon amicably through a conference rather than forcing the parties, the children, and the court system through unnecessary litigation.
An annulment is a court declaration that your marriage is legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with, for reasons including: one party’s being underage, fraud, incompetence to consent, unsound mind, and/or attempting to evade Indiana marriage laws by marrying in another state.
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Indiana Divorce Laws: Click below to find the Indiana Divorce laws you’re looking for: