Divorce Law Basics in the State of Indiana
Also See: Indiana Marriage Laws
Statute: Indiana State Divorce Code (Title 31, Article 15): in.gov
No-Fault Grounds: Irretreivable breakdown
- Conviction of a felony after the marriage
- Impotence existing at time of marriage
- Incurable insanity for at least two years
Residency: Either party must have been a resident of the state for at least 6 months and a resident of the county for at least 3 months prior to filing.
Legal Separation Recognized? Yes. May not be filed if a petition for divorce has already been filed.
Counseling Requirements: None.
Property Distribution : Indiana relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner” if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.
Alimony : Alimony may be awarded to either party and is at the discretion of the judge.