- Divorce can be a difficult and emotional process. State divorce laws can streamline the process by clearly outlining each spouse’s right in divorce. In Indiana, men have the right to file for divorce, seek a portion of the marital property, request alimony (also called maintenance) and file for custody of any children.
- A man in Indiana has the right to file for divorce as long as he or his spouse has lived in the state for at least the last six months. Additionally, the petition for Dissolution of Marriage must be filed in a circuit court, domestic relations court or superior court in one spouse’s county of residence, where he or she has lived for three months before filing.
Indiana recognizes “no fault” divorce, so there is no need to establish either spouse’s misconduct. Instead, the filing spouse must state that the marriage has suffered “irretrievable breakdown” and that there will be no reconciliation. Neither spouse has the right to stop a divorce. As long as at least one spouse no longer wishes to be married, a court will grant the divorce.
It may take several months to finalize all aspects of the divorce, but if spouses agree to the divorce and their property and custody issues are handled quickly, a court can issue a final divorce decree after the 60-day waiting period has passed. - In Indiana, spouses have an equal right to property. All property acquired during the marriage is marital property and, therefore, each spouse is entitled to 50 percent of the marital assets.
The court has the right to distribute property differently if one spouse claims that equal division is equitably unfair. In that case, a court will consider: (1) each spouse’s income and increased earning ability, (2) the spouse’s individual financial circumstances, (3) each spouse’s contributions in acquiring the property and (4) any marital misconduct leading to the divorce, including abuse or adultery. - Indiana is one of few states that permit an award of “permanent maintenance.” Either spouse can request permanent maintenance if: (1) he is unable to work because he is caring for a special needs child and does not have enough assets to meet his needs or (2) the spouse himself is physically or mentally incapacitated and unable to work.
Temporary or “rehabilitative maintenance” is available to either spouse who has minimal income or requires additional training or education before obtaining employment. - Both parents can seek custody of their children. Indiana courts decide custody using the “best interests of the child” standard. Factors include: (1) the child’s wishes, if he is at least 14 years old, (2) all parties’ health, both mental and physical, (3) the child’s age and gender, (4) the child’s relationship with each parent, (5) the location of each parent’s residence and the distance between them, (6) each parent’s ability to care for the child, especially in being available, loving and attentive, (7) any evidence of abuse by either parent against each other or the child and (8) which parent can provide the most stable environment for the child.
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