Indiana's No-Fault Divorce Law: When Did It Change?

Indiana's no-fault divorce law allows couples to end their marriage without blaming either party. In 1973, Indiana joined the wave of legal reform, becoming a no-fault divorce state. This means that couples can file for divorce without having to prove wrongdoing or provide evidence of marital issues. Instead, they can cite an irrevocable breakdown of the marriage, indicating that the relationship has broken down beyond repair with no reasonable likelihood of reconciliation. This modern approach to divorce reduces conflict, simplifies the process, promotes privacy, and allows for a greater focus on important issues like child custody and asset division. While no-fault divorce is the more common route in Indiana, the state also allows for fault-based divorce under specific circumstances, such as felony conviction, impotence, or incurable insanity.

No-fault divorce in Indiana: what does it mean?

No-fault divorce represents a modern approach to the legal dissolution of marriage. In Indiana, no-fault divorce means that a couple may end their marriage without blame being assigned to either party. Unlike fault-based divorce, where one must prove grounds such as adultery, cruelty, or abandonment, no-fault divorce allows couples to end their marriage by citing an irrevocable breakdown of the marriage. This implies that the marriage has broken down beyond repair, and there is no reasonable likelihood of reconciliation.

History of No-Fault Divorce in Indiana

In 1973, Indiana joined the wave of legal reform by adopting no-fault divorce laws, shortly after California became the first state to legalize it in 1969. Prior to this, couples in Indiana were required to provide evidence of wrongdoing to obtain a divorce, often leading to public and acrimonious court battles. The transition to a no-fault system in Indiana was part of a broader societal and legal recognition that many marriages end due to irreconcilable differences rather than specific faults.

Grounds for No-Fault Divorce in Indiana

While no-fault divorce in Indiana does not require assigning blame, there are still grounds that may be stated in the petition for dissolution, if relevant to the divorce. These grounds include:

• Irretrievable breakdown of the marriage
• Felony conviction of either party after the marriage
• Incurable insanity of a spouse for a period of at least two years
• Impotence that existed at the time the parties married

Advantages of No-Fault Divorce

No-fault divorce in Indiana offers several advantages over fault-based divorce:

• Reduces Conflict: It lowers the level of conflict and bitterness as spouses don't need to prove wrongdoing.
• Simplifies the Process: It streamlines the divorce process, making it faster and less legally complex.
• Promotes Privacy: By not airing marital issues in court, it maintains more privacy for the family.
• Focuses on Resolution: It allows for a focus on important issues like child custody and asset division without the distraction of proving fault.

Disadvantages of No-Fault Divorce

Despite its benefits, no-fault divorce also presents some drawbacks:

• Perceived Unfairness: Some individuals feel it's unfair to not consider marital misconduct when deciding issues like alimony or asset distribution.
• Ease of Divorce: Critics argue that it makes ending a marriage too easy, potentially undermining the commitment to marriage.
• Financial Implications: The financial impact can be significant, especially if one spouse was more financially dependent on the other.

In conclusion, no-fault divorce in Indiana provides a modern approach to marriage dissolution, reducing conflict and simplifying the legal process. However, it's important to carefully consider the advantages and disadvantages of no-fault divorce before initiating the divorce process.

Fault-based divorce: grounds and implications

In a fault-based divorce, one spouse claims that something the other did caused the marriage to fall apart. The grounds for fault-based divorce vary by state, but common reasons include cruelty, abandonment, confinement in prison, and physical inability to engage in sexual intercourse. In some states, adultery is also a ground for fault-based divorce.

In Indiana, for example, a couple can file for divorce on grounds of impotence, conviction of a felony, or incurable insanity. However, Indiana is primarily a no-fault divorce state, which means that a marriage may be dissolved without needing to assign blame to either party. This approach reduces conflict, simplifies the divorce process, promotes privacy, and allows for a focus on important issues like child custody and asset division.

The implications of fault-based divorce can be significant. It tends to be more expensive, as spouses often choose to hire a lawyer to help them present their evidence and convince the judge of their arguments. Additionally, in some states, a spouse who proves the other's fault might receive a greater share of the marital property or more alimony.

It's important to note that not all states allow fault-based divorces, and even in states that do, couples may still choose to pursue a no-fault divorce. In a no-fault divorce, neither spouse has to prove that the other did something wrong, and the divorce is granted on the grounds of irreconcilable differences or an irretrievable breakdown of the marriage.

Residency requirements for divorce in Indiana

Indiana has two residency requirements for divorce. Firstly, under Section 31-15-2-6(a) of the Indiana Code, either you or your spouse must have been a resident of Indiana or stationed at a U.S. military installation in Indiana for at least six months before filing for divorce. Secondly, according to Section 31-15-2-6(b) of the Indiana Code, you may only file for divorce in a county in which either you or your spouse has been a resident or stationed at a U.S. military installation for at least the last three months.

• You and your spouse live together in Carmel, and you have lived in your current home for at least six months. In this case, you are eligible (and only eligible) to file for divorce in Hamilton County.
• You and your spouse recently separated. You still live at your family home in Hamilton County, where you have lived for at least six months, but your spouse moved to neighbouring Madison County. If it has been less than three months since your spouse moved out, you can only file for divorce in Hamilton County.
• You and your spouse have been living apart for a year or longer. You stayed in the family home in Carmel while your spouse rented an apartment in Madison County. Since you have both been living in your respective counties for more than three months (and in Indiana for longer than six months), you could file for divorce in either Hamilton or Madison County.

If neither spouse satisfies the residency requirements for divorce in Indiana, your options will depend on your unique circumstances. For example, you may still be eligible to file for divorce in the state from which you moved. Alternatively, you could wait until you or your spouse meets the residency requirements.

The process of filing for divorce in Indiana

No-fault divorce was legalized in Indiana in 1973. This means that a couple can end their marriage without blame being assigned to either party.

The process of filing for an Indiana no-fault divorce is relatively straightforward. To initiate the divorce, one party must petition for dissolution in the Circuit or Superior Court of their Indiana county. This petition must include:

• The residence of each spouse, including the length of residence in the state and the county where the petition is filed. At least one spouse must have resided in Indiana for at least six months and in the county where the divorce is filed for at least three months.
• The date of marriage.
• The date on which the parties separated.
• The name and address of every child of the marriage who is either under 21 or disabled.
• The grounds for divorce, i.e., an irretrievable breakdown of the marriage.
• The relief sought in the divorce case.
• A statement of whether either party is a lifetime sex or violent offender.

In addition to the petition for dissolution, two more documents must be filed with the Circuit or Superior Court: an appearance with the court and service of a summons upon the other party. An appearance is a document that provides the court with the petitioner's contact information and can be obtained from the County Clerk of Court's office or online. Serving a summons can be done through certified mail, in person upon filing an affidavit, or by hiring a process server.

Indiana law requires a minimum waiting period of 60 days before the entry of a decree of dissolution. During this time, the couple can work to resolve issues surrounding the divorce, such as gathering documentation related to assets and liabilities, determining living arrangements, and negotiating or litigating other necessary matters. If the couple has dependent children, they will also need to reach an agreement on child-related issues like child support, custody, and parenting time.

Once the 60-day window has passed, the marriage can be officially terminated through the entry of a decree of dissolution and a judgment establishing each spouse's rights and obligations. If the couple has reached an agreement on all issues, they can waive a final hearing and ask the court to approve their written agreement. If there are outstanding issues, the court will hold a final hearing to settle any contested matters. The court will then issue a decree of dissolution and judgment, addressing matters such as the division of marital assets, allocation of debts, and matters related to children, if applicable.

While it is possible to file for divorce in Indiana without an attorney, it is recommended to consult with an experienced family law attorney to protect one's interests and ensure a smooth divorce process.

Contested vs uncontested divorce

No-fault divorce became law in Indiana in 1973. Since then, couples have been able to end their marriage without blame being assigned to either party.

When a couple decides to divorce, they need to make several vital decisions, including those relating to asset and debt division, spousal support/alimony, child support, custody, and visitation. A divorce is considered contested when there is an ongoing disagreement on these or other significant issues, and the couple is unable to settle them before the court issues a divorce decree. In contrast, an uncontested divorce occurs when both parties can come to an agreement on these fundamental issues.

A divorce that starts out as contested can become uncontested as the parties work out their disagreements, either by themselves or with the help of skilled divorce attorneys and mediation. Uncontested divorces are generally faster, less expensive, and less emotionally draining than contested divorces, as they do not require a trial or other time-consuming and costly legal procedures. However, uncontested divorces are not appealable, whereas certain agreements in a contested divorce may be modifiable if circumstances change significantly.

In a contested divorce, the judge is responsible for making decisions for the couple, which may not always align with their priorities. For example, if one spouse wants to keep the house, and the other wants the car, the judge may order the house to be sold and award the car to one of the spouses. On the other hand, uncontested divorces allow the spouses to have more control over the decision-making process, increasing the likelihood that they will be satisfied with the outcome.

While uncontested divorces are generally preferred, in some cases, it may be impossible to come to an agreement with the other party. In such situations, a contested divorce may be the only option, and it is crucial to have skilled legal representation to protect one's interests.

Frequently asked questions