What are the grounds for a common law divorce?
In Indiana, the grounds for a common law divorce are as follows: 1. Separation for At Least One Year: The couple must have been living separately for at least one year prior to the divorce filing. 2. Irretrievable Breakdown: The marriage must be beyond repair and the couple cannot reconcile to keep the marriage together. 3. Mental Incapacity: Either spouse must have a mental incapacity that renders them unable to make decisions or perform necessary duties in order to keep the marriage together. 4. Impotence: If a spouse was found to be impotent or otherwise unable to consummate the marriage, this could be grounds for a common law divorce. 5. Adultery: If either spouse has been unfaithful and committed adultery, this could be grounds for a common law divorce. 6. Habitual Drunkenness: Habitual drunkenness of one of the spouses is considered a ground for a common law divorce in Indiana. 7. Conviction of a Felony: If one of the spouses is convicted of a felony, this can be grounds for a common law divorce. 8. Abandonment: If one of the spouses abandoned the other for an entire year, this could be grounds for a common law divorce. In Indiana, any of these eight grounds, if proven, can be used to file for a common law divorce. The court will rule on the specifics of the divorce on a case-by-case basis.
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