Indiana divorce laws

Child Support

In actions involving divorces, legal separation or child support, Indiana courts may order either parent or both parents to pay any reasonable amount for support of a child, without regard to marital misconduct. The court may consider all relevant factors, including:

• the financial resources of the custodial parent
• the standard of living the child would have enjoyed if

1. the marriage had not been dissolved; or
2. the separation had not been ordered
3. the physical or mental condition of the child and the child's educational needs; and
4. the financial resources and needs of the non custodial parent. Recipients to child support must have or establish a bank account into which child support payments may be made

A child support order may also include basic health and hospitalization insurance, where appropriate, as well as provisions for the child's educational expenses.

Residency

No divorce will be granted unless one of the parties has established residency in Indiana or that one party lived in Indiana for at least 6 months and is a member of the Armed Services and is stationed outside of Indiana. In summary a party must be:

• a resident of the county; or
• stationed at a United States military installation within the county; where the petition is filed for three months immediately preceding the filing of the petition.

Child Custody      

Indiana courts determine child custody and enter a custody order based on state guidelines in accordance with the best interests of the child. In determining the best interests of the child, there is no presumption favoring either parent. The court will consider all relevant factors, including the following:

• The age and sex of the child
• The wishes of the child's parent or parents
• The wishes of the child, with more consideration given to the child's wishes if the child is at least fourteen (14) years of age
• The interaction and interrelationship of the child with:

1. the child's parent or parent
2. the child's sibling; and
3. any other person who may significantly affect the child's best interests.

• The mental and physical health of all individuals involved
• Evidence of a pattern of domestic violence by either parent
• Evidence that the child has been cared for by a de facto custodian.

The court may interview the child in chambers to ascertain the child's wishes as to his or her custodial arrangements and preferences for who will have child custody.

Grounds for Divorce

Grounds for divorce in Indiana are:

• Irretrievable breakdown of the marriage
• The conviction of either of the parties, subsequent to the marriage, of a felony.
• Impotence, existing at the time of the marriage
• Incurable insanity of either party for a period of at least 2 years

Mediation

Counseling

The court can require the parties to seek counseling for themselves or for a child of the parties under such terms and conditions that the court considers appropriate if:

1. either party makes a motion for counseling in an effort to improve conditions of their marriage
2. a party, the child of the parties, the child's guardian ad litem or court appointed special advocate, or the court makes a motion for counseling for the child, or
3. the court makes a motion for counseling for parties who are the parents of a child less than eighteen (18) years of age.

Joint counseling

The court may not require joint counseling of the parties:

• without the consent of both parties; or
• if there is evidence that the other party has demonstrated a pattern of domestic or family violence against a family or household member.

Alimony

A court may make the following findings concerning maintenance/alimony:

1. If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.
2. If the court finds that:

• a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and
• the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment; the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate. After considering:
• the educational level of each spouse at the time of marriage and at the time the action is commenced;
• whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;
• the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and
• the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment; a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.

Waiting Period       

Sixty (60) days must have elapsed after a petition is filed in an action for dissolution of marriage in order for the court to enter a summary dissolution decree. The parties may jointly sign a waiver for a final hearing and have the 60 day period waived.

Grandparents Rights

A child's grandparent may seek visitation rights if the child's parent is deceased; the marriage of the child's parents has been dissolved in Indiana; or the child was born out of wedlock. A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock if the child's father has not established paternity in relation to the child.

Dividing Assets

The court will divide the property of the parties, separating the pre-marital assets from the marital assets, and do so in an equitable fashion, although that may result in an uneven division.

1. owned by either spouse before the marriage
2. acquired by either spouse in his or her own right:

• after the marriage; and
• before final separation of the parties; or
• acquired by their joint efforts

The court will divide the property in a just and reasonable manner by: