Divorce laws vary depending on where the parties live, so it is important for those who are considering divorce to speak with an experienced attorney about the legal requirements in their own state. For help with your own divorce-related questions, please call a Crown Point divorce attorney who can assist you.
Indiana, like the majority of states across the nation, offers what is known as “no fault” divorce, which means that neither party has to allege or prove wrongdoing on the part of the other spouse in order to dissolve their marriage. Instead, the parties just need to claim that their marriage is irretrievably broken, which makes for far less acrimonious divorce proceedings.
When a couple is unable to come to an out-of-court agreement regarding issues like child custody and property division, courts will have to step in and hold a series of hearings on the issues. When creating a child custody arrangement, courts will primarily base their decisions on what is in the child’s best interests, which includes an analysis of:
Aside from child custody matters, property division issues are some of the most difficult that a couple will face during a divorce. For instance, Indiana is an equitable division state, which means that unless one of the parties can prove that an equal division would not be just or reasonable, most courts will give each party roughly equal shares of the combined property. Courts will also take into consideration the income or earning ability of the parties, as well as the contribution of each spouse in acquiring the property, and whether the assets in question were acquired before marriage or were received as part of an inheritance or as a gift. For example, if a court found that one of the parties wasted marital assets, it could be willing to grant the other party a greater share of the property. Similarly, if one of the spouses brought the property into the marriage, he or she would likely remain the sole owner of the assets in question.