Divorce Guide to Indiana

Divorce Guide to Indiana

A woman's guide to getting a divorce in Indiana

Posted to Resources by First Wives World on Thu, 06/24/2010 - 12:55am

INDIANA DIVORCE LAWS:

The Residency Requirement: The party filing the complaint must have lived in Indiana for six months, and for three months in the county where the petition is filed.

Grounds:
No Fault: Irretrievable breakdown of the marriage.
Fault: Felony conviction; Impotence existing at the time of the marriage; Incurable insanity for at least two years.

Property Division: Indiana is an equitable-distribution “hotchpot” state. This means the court can divide any and all property owned by the parties, however and whenever acquired. Division shall be in a just and reasonable manner, and there is a presumption that equal division is just and reasonable (click the following for an overview and key tips on dividing up property and assets through divorce).

Alimony: The rules on alimony in Indiana are among the harshest in the nation. Rehabilitative alimony (that is, get-back-on-your-feet-and-into-the-job-market alimony) may be granted if necessary, but not to exceed three years. The court may order permanent periodic maintenance if a spouse is physically or mentally incapacitated to such a degree that it impairs the ability to support himself or herself, or where a spouse lacks sufficient property to provide for his or her needs and he or she is the custodial of a child whose incapacity requires the guardian to forego employment.

Child Custody and Child Support: As in all states, the primary consideration in Indiana is “the best interests of the child.” There is no presumption favoring either parent. Joint custody may be awarded if it is in the child’s best interests (click the following for an overview and list of articles on child custody and child support).

Child support guidelines are set out in the Indiana Rules of Court. The guidelines are based on the income-shares model, meaning the total obligation is divided between the mother and father according to their incomes. Support may include sums necessary for a child’s education, including post-majority education. 

For a combined weekly gross income of:

• $500, support for one child is $92; for two children, $138; for three children, $173.
• $1,250, support for one child is $181; for two children, $272; for three children, $340.
• $2,500, support for one child is $288; for two children, $432; for three children, $540.

 

Disclaimer: The information supplied above is for "educational purposes only" and is not intended to be used as legal advice.