If you are considering filing for divorce from your spouse in Indiana, it can be very stressful trying to navigate the legal proceedings. The court will require you to prove that you have legal grounds for divorce or a valid reason for doing so. Unlike some other states, Indiana is a no-fault divorce state, which means that you have to satisfy key statutory requirements to file for divorce from your spouse. An Indianapolis divorce attorney can support and guide you through this difficult process.
Legal Grounds for Divorce in Indiana
Fault divorce states require that you prove that your spouse harmed you in some way, either emotionally or physically. Traditional grounds for fault divorce include adultery, cruelty, and imprisonment.
However, Indiana is a no-fault divorce state. The Indiana divorce courts do not recognize many of the fault grounds for divorce. Instead, you will need to satisfy one of the following requirements to successfully end your marriage.
- Your marriage experienced an irretrievable breakdown.
- Either you or your spouse received a felony conviction after you were married.
- You or your spouse are impotent at the time of your marriage.
- Either you or your spouse suffers from incurable insanity, lasting at least two years.
While the final three legal grounds for divorce are very specific, proving an irretrievable breakdown in your marriage leaves a lot of room for your individual circumstances. For example, if your spouse cheated on you and your marriage dissolved as a result, you can establish grounds for an irretrievable breakdown.
An irretrievable breakdown does not always have to relate to a traditional fault reason or a source of physical or emotional pain. Irreconcilable differences and incompatibility can lead to a breakdown of the marriage as well. Speak to an Indianapolis divorce lawyer as soon as possible to discuss your legal grounds’ eligibility.
Indiana Divorce Residency Requirements
Not everyone can file for divorce in Indiana; first, you have to meet the residency requirement. If you want to file a divorce in Indiana, you will need to be either a resident of Indiana or a U.S. military base located within the state for at least six months before you file. Either you or your spouse can fulfill this residency requirement.
For example, say that you move to Indiana three months before your spouse does for work and you decide to file for divorce four months later. You are eligible to file because you lived in Indiana for seven months immediately before the divorce proceedings.
However, if you used to live in Indiana, moved away, and moved back for three months, you are not eligible to file. You must live in Indiana for six months immediately before filing for your divorce.
Do You Need a Divorce Attorney?
If you are beginning to file for divorce in Indiana, you may wonder if you need an attorney to represent you. While it may seem like an extra step in an already complicated process, hiring an attorney can provide you with numerous benefits.
- Your attorney will know how to fill out all of your paperwork accurately and completely. You will not experience any unnecessary delays due to errors or missed deadlines.
- Your attorney will have knowledge of Indiana family law and experience with divorce cases. If you’re unsure if your divorce meets Indiana’s legal grounds, your attorney can evaluate your case and provide you with an opinion.
- When it comes time to negotiate the terms of your divorce, your attorney will have the skills and experience necessary to represent you and your best interests.
Filing for divorce is difficult by itself, and representing yourself can add additional challenges during a stressful time. If you are considering filing for divorce from your spouse, contact an Indiana divorce attorney as soon as possible. Your attorney will be familiar with Indiana divorce proceedings and can guide you through the process. Contact Trapp Law, LLC to speak with a divorce lawyer in Indianapolis today.