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Indiana Divorce Facts
When going through a divorce in in Indiana, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Indiana should know. The facts listed here are only a selected few of the more comprehensive set of Indiana Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Indiana Divorce Professional.
To file for divorce, either the petitioner or the respondent must have been a resident of the state for at least six months. Additionally, one of the spouses must have been a resident of the county where the petition is filed for at least three months.
Indiana law establishes a minimum 60-day waiting period after the petition is filed before a divorce can become final. But this 60-day period can be prolonged depending on how long it takes for divorcing spouses to agree to community property division and child custody issues.
Indiana permits for a no-fault divorce due to irretrievable breakdown of the marriage. However, state law permits only three grounds for a "fault" divorce: a felony after the marriage, impotence at the time of the marriage, or incurable insanity for at least two years. Grounds for divorce in Indiana are limited compared to most states.
The court presumes that equal division of community property between the spouses is "just and reasonable." However, courts may award one spouse more of the marital estate, depending on the contribution each spouse made to the property's acquisition, if the property was acquired before marriage or through gift or inheritance, the economic circumstances of each spouse (if one spouse squandered community assets during marriage), and the current income and earning potential of each spouse.
The court may be inclined to award the family home to the spouse with primary physical custody of children.
Courts in Indiana make custody determinations in the best interests of the child. While the court makes no presumption that one parent is better than the other based on gender, it is required to consider certain relevant factors before awarding custody, including the age and gender of the child and the child's and parents' wishes (special consideration is given to the wishes of a child who is 14 years of age or older), parental and family interaction, and the child's home, school and community adjustment. The mental and physical health of both child and parents will be taken into consideration, as well as any evidence that domestic violence occurred in the marriage.
In Indiana, both parents contribute to the support of their child. The parent with greater earning power typically pays child support if he or she is not the custodial parent. In deciding child support, the court considers the financial resources of the parent who has primary physical custody of the child and makes every attempt to ensure that the child has the same standard of living they would have had if the parents had not divorced. Other factors the court considers are special physical, mental or educational needs. The court also considers the financial resources and personal needs of the noncustodial parent. Indiana statute includes child support guidelines that provide a formula for determining the amount each parent should contribute to the child's welfare based on their combined weekly, adjusted income.
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