Women often go into divorce proceedings with an unclear head. They are often hurt, and or confused, and do not know what to expect. The following paragraphs will provide a brief and general women’s guide to divorce in Indiana in hopes to help women make this time a bit easier on them.
Residential Requirements
In order to petition the court for divorce in Indiana, one or both of the parties must have resided in the state for at least 6 months prior to the filing date, or stationed within Indiana for at least 6 months. County rules are similar. In order to file for divorce in an Indiana county, one or both of the parties must have resided in the specific county for at least 3 months prior to filing.
Grounds for Divorce
Indiana courts recognize several different situations as legal grounds for divorce in the state. These situations include:
- No fault – Irretrievable breakdown of the marriage
- Felony conviction of a crime by either party
- Incurable insanity for more than 2 years
Impotence is another legal ground for a woman to file for a divorce in the state of Indiana.
Property Division
There are few states left who will automatically divide property or property value down the middle in divorce cases. Indiana is considered an “equitable distribution” state, which means that all community property will be divided in an equitable way. A judge will consider several factors, and then decide the fairest way to divide the property. Some of the factors the judge will often consider include:
- Length of marriage
- Contributions of each party to the marriage
- Earnings and earning potential of each party
The judge may also consider who brought what into the marriage, but that is not often a deciding factor.
Spousal Support
Spousal support laws in Indiana are very harsh. Spousal support is not always awarded in all divorce cases. When it is awarded, it usually does not exceed the time frame of 3 years. Immediate need must be established by the receiving party. The only way permanent support is ever awarded is if the receiving party is incapacitated and cannot work, or has custody of a minor child who needs her constant care and prevents her from working a job.
Talk to an Attorney
When a woman decides she wants to file for divorce in Indiana, she needs to contact an attorney at once. An attorney specialized in the field will advise her and help her to make the best decisions she can.
