When can I get a divorce?

In Indiana, there are certain requirements that must be met before a couple can get a divorce. Generally speaking, the two people must have lived apart for at least six months or have grounds for a “fault” divorce. The grounds for a fault divorce in Indiana are: adultery; conviction of a felony; cruel and unusual treatment; or abandoned without reasonable cause. One spouse must prove that the other committed one of those offenses within the court. In addition to the grounds for a fault divorce, Indiana law also allows couples to file for a no-fault divorce. In a no-fault divorce, one party must simply claim that the “marriage is irretrievably broken.” This means that the couple can no longer live together peacefully, and that an attempt to reconcile the marriage would be futile. The six-month separation must be complete before either party can file for a divorce. This means that, for six months, the two people must live at different addresses and not have sexual relations. After the six months, either party can proceed with the filing. Both fault and no-fault divorces require the couple to enter into an agreement to divide property, determine child custody and child support, and resolve any other disputes concerning the marriage. Without an agreement, the matter may be decided in court by a judge. Once all the paperwork is complete, the court will grant the divorce. The divorce will not become official until the judge signs the final order, which is usually done a few weeks after the paperwork is filed.

Related FAQs

What are the legal requirements for a divorce?
What is a parenting coordinator in a divorce?
What is an absolute divorce?
What is the difference between a contested and uncontested divorce?
How does a court determine spousal maintenance or alimony?
How do I start a divorce process?
How do I change my name after a divorce?
Who pays for the divorce?
How do I properly serve divorce papers?
What is a separation agreement?

When can I get a divorce?

Related FAQs

Related Blog Posts