Indiana No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Divorce - State Law Summary - Indiana

Notes: This summary is not intended to be an all-inclusive summary of  the laws of dissolution of marriage in the State of Indiana, but does contain  basic and other procedures.

Grounds for dissolution of marriage

The State of Indiana  permits judgments of dissolution of marriage to be granted upon the following  grounds:

1. Irretrievable breakdown of the marriage;
2. Conviction of  a felony by either party;
3. Impotence which existed at the time of the  marriage;
4. Incurable insanity of either party for a period of at least  two years. AIC 31-15-2-3

Residency requirements/where to file

At least one of the  parties must have been a resident of Indiana for a least six months prior to the  filing of the petition for dissolution of marriage and a resident of the county  where the petition is filed for three months immediately prior to the filing of  the petition. AIC 31-15-2-6

Name of court and title of action/parties

Depending upon  the organization of the courts in the particular county in which the action is  filed, a petition for dissolution of marriage may be heard in the Superior,  Circuit or Domestic Relations Courts. The title of the action initiating the  proceeding is a Petition for Dissolution of Marriage, while the title of the  action granting the relief sought is called the Final Dissolution of Marriage  Decree. The party filing the action is referred to as the Petitioner, while the  other party is known as the Respondent.

Legal separation

The court may issue a decree of legal  separation for a period not to exceed one year if the court finds that the  present circumstances of the marriage make it intolerable for both parties to  live together; the marriage should be maintained; and neither party has filed a  petition for dissolution of marriage. AIC 31-15-3-3

Waiting period

No decree of dissolution of marriage will  be issued until at least sixty days have elapsed from the date of the filing of  the petition. AIC 31-15-2-13

Alimony

If the court determines a spouse to be  physically or mentally incapacitated to the extent that spouse is unable to  support himself, the court may order support for that spouse during the period  of incapacity.

If the court finds that a spouse lacks sufficient property to provide for his  or her needs and is the custodian of a child whose condition requires that the  spouse forego employment, the court will order support for that spouse in an  amount and for a term that the court deems appropriate.

Factors the court will consider in determining the amount and term of an  award of alimony include:

1. The educational level of each spouse at the time of marriage and  at the time the action for dissolution is commenced.
2. Whether an  interruption of education, training, or employment of a spouse occurred because  of homemaking or child care responsibilities;
3. The earning capacity of  each spouse;
4. The time and expense necessary to acquire sufficient  education or training to enable the spouse seeking alimony to find appropriate  employment.

In no case will the court order alimony for a period in excess of three  years. AIC 31-15-7-2

Distribution of property

The court will divide all of  the property of the parties, whether jointly or separately owned, as it deems  reasonable and just. A rebuttable presumption exists that the property should be  divided equally between the parties, although this presumption may be rebutted  after consideration of the following factors:

1. The contribution of each spouse to the acquisition of the  property;
2. The extent to which the property was acquired before the  marriage or through inheritance or gift;
3. The economic circumstances  of the parties;
4. The conduct of the parties during the marriage as it  relates to the disposition or dissipation of their property;
5. The  earnings or earning ability of the parties as it relates to a final division of  property and determination of property rights of the parties. AIC 31-15-7-4

Child custody

The court shall determine custody and  enter a custody order 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 shall consider all relevant factors, including the  following:

(1) The age and sex of the child.
(2) The wishes of the  child's parent or parents.
(3) 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.
(4) The interaction and interrelationship of the child  with:
(A) the child's parent or parents;
(B) the child's sibling;  and
(C) any other person who may significantly affect the child's best  interests.
(5) The child's adjustment to the child's:
(A) home;
(B) school; and
(C)  community.
(6) The mental and physical health of all individuals  involved.
(7) Evidence of a pattern of domestic violence by either  parent.
(8) 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. AIC 31-17-2-8

Child support

In an action for dissolution of marriage,  the court may order either or both parents to pay any amount reasonable for the  support of a child, without regard to marital misconduct, after consideration of  all relevant factors, including:

1. The financial resources of the custodial parent;
2. The  standard of living the child would have enjoyed if the marriage had not been  dissolved;
3. The physical or mental condition of the child and the  child's educational needs;
4. The financial resources and needs of the  non-custodial parent.

A child support order may also include basic health and hospitalization  insurance, where appropriate, as well as provisions for the child's educational  expenses. AIC 31-16-6-1

Mediation/reconciliation

The court may continue a  dissolution proceeding and order the parties to seek counseling if it finds that  there is a reasonable possibility of reconciliation, or if there is a minor  child of the marriage.

In making a determination as to whether to order the parties to participate  in mediation, the court will consider whether the parties have the ability to  pay for mediation and whether such mediation would be appropriate in helping the  parties resolve their disputes. AIC 31-15-9.4-1

Name change

A woman who desires the restoration of her  maiden or former name must set out the name she desires to be restored to in the  petition for dissolution. AIC 31-15-2-8