When filing for divorce, it is important to understand whether your state is a fault or no-fault state. Fault states require you to prove that your spouse’s poor behavior caused the divorce, such as adultery, domestic violence, or abandonment. On the other hand, no-fault states allow you to file for divorce over irreconcilable differences. Indiana allows divorcing couples to file for divorce on fault or no-fault grounds, which means the irreconcilable differences standard may apply to your case.
What Are Irreconcilable Differences?
Irreconcilable differences refer to basic fundamental differences that make it impossible for you to remain married. If you plan to file for a no-fault divorce in Indiana, the court will allow you to file without placing blame on one spouse for his or her actions. To receive a divorce, you must prove to the court that your marriage is irretrievably broken.
Instead of proving that your spouse did something wrong, you will need to show that you and your spouse have significant conflicts that permanently damage your relationship. You must attest that, due to these irreconcilable differences, your marriage is broken beyond repair. Based on the evidence, the court will consider whether reconciliation is possible and decide whether to grant a divorce.
If the court believes that there is a reasonable chance at reconciliation, the court may delay the trial and ask that you and your spouse attend counseling. However, the court will typically order a delay if you and your spouse demonstrate an obvious desire to reconcile—and in many cases, the marital breakdown is obvious, and the court will grant a no-fault divorce.
Examples of Irreconcilable Differences in Indiana
In many cases, it can be difficult to determine whether the conflict between you and your spouse rises to the level of fundamental differences. Several factors can influence a relationship and qualify as irreconcilable differences, including the following.
- Lack of sexual intimacy in the relationship
- Differing political opinions
- Issues with in-laws and other family members
- Differing life goals and interests that lead to a separation
- Failure to help around the home
- Financial problems and disagreements
- Loss of trust in the relationship
- Strain due to professional requirements, such as frequent travel
- Communication difficulties
- Personality conflicts
- Differences in child-raising
- Differing religious beliefs
Irreconcilable differences can be very complex, and in some cases, only one spouse experiences the effect of this conflict. However, if you do plead irreconcilable differences, your spouse does not have to agree that you experienced the conflict for the court to grant a divorce.
If your spouse refuses to cooperate, the judge can still grant a no-fault divorce based on your experiences. You and your spouse can also receive a no-fault divorce if you agree on all issues—cooperation during divorce proceedings does not nullify irreconcilable differences.
Seek the Help of an Indiana Divorce Attorney
Divorce is an emotional and complex process, and you want to ensure that you protect your interests and finances throughout the proceedings. If you are planning to file for divorce in Indiana, you need a lawyer on your side.
A divorce lawyer can help you prepare for each stage of your case and represent your best interests in negotiations and trial, providing much needed support throughout the process. When you decide to file or learn of your spouse’s intent to file, contact an Indiana divorce lawyer as soon as possible.