Indiana Ground Rules

In Indiana, a dissolution of marriage (divorce) may be granted on either fault or no-fault grounds. The no-fault ground is the irretrievable breakdown of the marriage. Fault grounds are:

• either spouse being convicted of a felony subsequent to the marriage,
• impotency existing at the time of the marriage, or
• incurable insanity of either spouse for at least two years.

Residency Requirements

In Indiana, at the time of the filing of a petition for dissolution, at least one of the parties must have been:

• A resident of Indiana for at least six months immediately prior to the filing of the petition for dissolution of marriage, and a resident of the county where the petition will be filed for three months immediately prior to the filing of the petition; or
• Stationed at a United States military installation within Indiana&for at least six months immediately prior to the filing of the petition for dissolution of marriage, and stationed at a United States military installation within the county where the petition will be filed for three months immediately prior to the filing of the petition.

Legal Separation

In Indiana, an alternative to divorce is legal separation. If a court finds that conditions in – or circumstances of – the marriage make it intolerable for the spouses to live together, the judge can decree a legal separation. Residency requirements are the same as for dissolution, and a legal separation may not be granted if a dissolution of marriage has been filed.

Annulment

In a divorce, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to an Indiana attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation

You’ll need to provide your divorce lawyer with the following documentation in order to proceed with your divorce. Start gathering everything as soon as possible so that you can find out what might be missing and submit any requests for duplicates. You’ll need both personal data and financial data.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school, and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income – e.g., a current payslip.
• A list of substantial assets and liabilities of both spouses.