Either spouse can file for divorce in Indiana.
Any married person who is a resident of Indiana for at least six months can file for divorce in Indiana.
Yes, Indiana requires a period of separation before a divorce can be filed. The separation period is a minimum of 60 days for uncontested divorces and 180 days for contested divorces. During this time, the couple must live apart and not engage in sexual relations.
Indiana is not a community property state, but rather a marital property state. In Indiana, marital property is divided equitably in a divorce, meaning property and assets are divided fairly, but not necessarily equally. The court considers a variety of factors when determining the equitable distribution of marital property, such as the length of the marriage, each spouse's income, employability, and earning potential, and the contributions each spouse made to the marriage. Separate property, or property acquired before the marriage or gifts and inheritances received during the marriage, remains with the individual who owns it.
The cost of divorce in Indiana varies depending on several factors such as whether the divorce is contested or uncontested, the complexity of the case, and whether you hire an attorney or represent yourself. Filing fees for divorce in Indiana range from $132 to $176 depending on the county, and other costs such as serving divorce papers can add to the overall cost. If you hire an attorney, you can expect to pay an hourly rate of $150 to $300. The total cost of a divorce can range from a few thousand dollars to tens of thousands of dollars, depending on the circumstances.
The length of time it takes to get a divorce in Indiana can vary depending on the complexity of the case and the court’s schedule. In general, an uncontested divorce can take about 60 days from filing to finalization, whereas a contested divorce can take several months to a year or longer. Factors that can delay the process include disputes over property division, child custody, and support. It’s best to consult with a divorce lawyer who can provide more specific information based on your individual circumstances.
In Indiana, child custody is decided based on the best interests of the child. This means that the court will consider various factors such as:1. The child’s age, gender, and physical and mental health2. The relationship the child has with each parent and any siblings3. The ability of each parent to provide for the child’s needs, including food, clothing, shelter, medical care, and education4. The child’s preferences, if they are old enough to express them5. The parents’ mental and physical health6. The parents’ ability to cooperate and communicate with each other regarding the child’s needs7. Any history of domestic violence or substance abuse by either parent.Based on these factors, the court may award sole custody to one parent or joint custody to both parents. Joint custody can be either legal or physical, meaning the parents share decision-making authority or physical custody of the child, respectively. The court may also consider the child’s and parents’ schedules and living arrangements when deciding on a custody arrangement.