What is a common law divorce?

A common law divorce is a way of ending a marriage in the state of Indiana. In a common law divorce, the couple is not required to appear in court or obtain a court-issued divorce decree. This type of divorce is based on a legal principle called "irretrievable breakdown of the marriage." This is when the couple has had an irreconcilable breakdown due to incompatibility or other issues that make it impossible for them to stay married. In order to get a common law divorce in Indiana, the couple must show that they have been living apart due to the breakdown of the marriage for at least six months. The couple also must show proof of other factors that demonstrate the breakdown of the marriage. These factors can include details about living arrangements, communication habits, financial decisions, and other evidence that shows the marriage is no longer viable. Once a couple has established that there is sufficient evidence of the breakdown of the marriage, they can proceed to get a common law divorce in Indiana. To do this, the couple must fill out an affidavit of dissolution of marriage and file it with the court. The court will issue a court order, which legally terminates the marriage. This court order can be presented to banks, creditors, and government agencies as proof that the marriage has legally ended.

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