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When couples file for divorce in Indiana, they will need to work through various aspects of the legal process that can help them safeguard their needs and interests. This complex timeline will involve careful negotiation or litigation of their terms for property division, custody and visitation rights, child support and alimony.
Here are two frequently asked questions about divorce in the state:
What are the legal requirements for filing a divorce in Indiana?
Under Indiana divorce law, at least one spouse must have lived in the state for six months and in the county where they plan to file their petition for at least three months. Since Indiana is a ‘no-fault’ state, it is not mandatory for divorcing spouses to include proof of their other half’s wrongdoing.
After the county clerk’s office receives the petition, the filing spouse must give their partner a copy of the divorce papers and a summons. The summons is a document that the court creates to inform the receiving spouse about the divorce filing. Upon receipt of this notice, they will have a limited period to file an official response with the court.
How do courts divide marital property?
In Indiana, the courts determine decisions on property division using the legal concept of equitable distribution. Under this principle, the judge will seek to divide the couple’s marital property in a just and fair manner.
During this process, the judge will review several key elements of the couple’s marriage, including each spouse’s:
- Age and health
- Work incomes
- Homemaking contributions
- Earning capacities
- Economic circumstances
- Length of marriage
Alternatively, if the couple can discuss all key matters of their divorce amicably, they may work on a formal negotiation with each other and their lawyers. In this procedure, the couple will enter a negotiation phase with a mediator, who can help them discuss the terms of their separation fairly.
By learning about Indiana’s divorce laws and legal processes, individuals can collaborate with a lawyer who can help them produce a strategy that can protect their rights, goals and financial interests.