Understanding Divorce in Indiana

Like all other states in the union, Indiana maintains a no-fault divorce as well as fault-based grounds for divorce. In submitting a Petition for Dissolution of Marriage to the courts, you must declare what the grounds are for your divorce. The appropriate grounds are what you and your spouse agree upon and can substantiate or, as the spouse who is filing, the grounds which you wish to substantiate to the court.

The grounds for divorce in Indiana are as follows:

• No-Fault:  Based on an irretrievable breakdown of the marriage between the spouses.
• Fault: The conviction of either spouse, subsequent to the marriage, of a felony; impotence existing at the time of the marriage; or incurable insanity of either spouse, existing for a period of at least two years.

In a Petition for Dissolution of Marriage, the spouse who files the petition is referred to as the Petitioner while the non-filing spouse is referred to as the Respondent. Residency requirements to file for divorce include at least one of the spouses having been a resident of Indiana or stationed in the military in Indiana for the previous six months prior to the filing and three months within the county where the petition is filed.

Getting the Help You Need in an Indianapolis Divorce

While on paper a divorce may look easy, in many cases it is complicated, messy and traumatic for both parties. This is especially true in cases where children are involved as well as where spouses share debts, assets, and property, such as the family home, other real estate, businesses, investments, pensions, stocks and bonds, vehicles, recreational vehicles, boats, and more. Most divorce experts recommend that you engage the services of an experienced divorce attorney to help you navigate the divorce process in these circumstances.

You will want to ensure that you fully understand all of the legal ramifications of the decisions you make concerning all of the divorce-related issues, which may impact you for many years to come. Moreover, you will more than likely need the negotiation services of an experienced and skilled divorce attorney to facilitate reaching a settlement agreement with your spouse; when this cannot be done outside the courtroom, a judge will make the decisions for you, based on the facts and evidence involved in your case.

Schembs Law, a premier family law firm, has focused on divorce and family law in Indianapolis for the past 20 years. Indianapolis divorce lawyer Robert Schembs provides compassionate and skilled legal counsel to anyone in the area who is about to embark on a divorce. With his decades of experience and deep commitment to his clients, he can provide the assistance you need to accomplish your divorce as efficiently and smoothly as possible.