Indiana Divorce Laws 3

In: Indiana

Divorce Law Basics in the State of Indiana

Also See: Indiana Marriage Laws

Statute: Indiana State Divorce Code (Title 31, Article 15):

No-Fault Grounds: Irretreivable breakdown

At-Fault Grounds:

  • 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.


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