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Although Indiana is a “no-fault” divorce state, one filing for divorce must declare the appropriate grounds upon which the divorce is being sought. The most common grounds for divorce – the “no-fault” grounds for divorce – is when the person petitioning for divorce claims there is an irretrievable breakdown of the marriage. Other grounds for divorce are the felony conviction of either spouse, impotence, or incurable insanity for a period of at least two years.
Each divorce carries its own circumstances, so the amount of time a divorce takes varies. However, Indiana law prohibits courts from finalizing a divorce until 60 days have passed from the date that the divorce was filed. Therefore, the quickest divorce can be finalized by a court no earlier than 60 days from the date it was filed.
During a divorce, courts will resolve issues involving child support, child custody, spousal support, and property division. During property division – provided that parties do not have an enforceable prenuptial agreement – Indiana courts essentially take all of the couple’s assets, includes it in one hypothetical pot, and equitably divides it “in a just and reasonable manner” amongst the couple. See I.C. §31-15-7-4(b). Courts will consider the following factors when determining whether to deviate from the otherwise equitable split in property:
A woman who desires the restoration of her maiden or previous married name may do so during divorce proceedings as part of the relief sought.
By its very nature, your divorce involves the most important things in your life. Every divorce is unique, which is why you should choose a divorce lawyer who will take the time to understand your circumstances, knows the legal process, and work with you to arrive at the best outcome for you.
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