Are there any grounds for an at-fault divorce?
Yes, there are grounds for an at-fault divorce in Indiana. Indiana is one of several states that offers at-fault divorces. Under Indiana law, an at-fault divorce can be granted if one spouse has committed a “wrongful act” such as adultery, confinement in prison for at least three years, cruel and inhumane treatment, or a legal “mental disability”. Additionally, Indiana law allows the court to grant an at-fault divorce if one spouse has "abandoned" the other spouse. Abandonment requires that one spouse has physically left the home without the other spouse’s permission, with no intention of returning after a period of three years or more. In an at-fault divorce, the wronged spouse is eligible for an award of property and financial assets from the other spouse. In other words, at-fault divorces allow the wronged spouse to receive a larger portion of the marital assets. The primary purpose for at-fault divorces is to provide a remedy for serious wrongs that have been committed, and to award the wronged spouse a fair share of the marital assets. If you believe that you or your spouse has grounds for an at-fault divorce in Indiana, it is important to consult a family law attorney who can provide legal advice and guidance.
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