Are there any defenses to a divorce action?

Yes, there are defenses to a divorce action in Indiana. These defenses are provided under the Indiana Code, Title 31, Article 15. The most common defense to divorce is a lack of jurisdiction. This means that if either party does not have legal residence in the state of Indiana, the court does not have the power to grant the divorce. Additionally, if either party has pending criminal charges, the court cannot proceed with the divorce until those charges are resolved. Another defense can be referred to as a “marital settlement agreement.” This is an agreement between the parties that settles any outstanding issues related to the divorce, such as alimony, child support, and division of assets. If both parties agree to the terms of the settlement, the court will usually approve it. Finally, there is the defense of “insufficient grounds” for filing for divorce. This defense is based on whether there is sufficient evidence to prove that one of the parties is at fault for the breakdown of the marriage. Indiana courts require that parties demonstrate one of the legally accepted grounds for divorce, such as adultery, abandonment, or cruel and inhumane treatment. If there is not enough evidence to support any of these grounds, the court may refuse the divorce petition. All of these defenses are outlined in the Indiana Code. It is recommended that anyone considering filing for divorce in Indiana understand these defenses before beginning the process.

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