The decision to get divorced can often be a difficult one, with underlying issues and bad feelings all around. Once the decision to get divorced has been made, there are still several matters to determine when moving forward with divorce and what can be accomplished with a divorce.
1) Jurisdiction.
Generally, one of the first issues to determine before filing divorce is jurisdiction. In Indiana, the requirement is to have resided in Indiana for the past 6 months and the County in which you are filing for 3 months.
2) Pregnancy.
Generally, parties cannot get divorced if Wife is pregnant.
3) No Fault.
Indiana is a no-fault divorce state, meaning one party does not have to prove bad acts of another party to get divorced. Generally, the language used in dissolution filings is an irretrievable breakdown of the marriage. There are other grounds for divorce as well.
4) Child Custody and Support.
When divorcing, the issue of child custody and support are two major issues to determine. The determination of who will have primary physical custody (where the child sleeps) or if the parties will share joint physical custody is one determination that will be made. Legal custody (decision-making for the child) will also be determined. Legal custody includes who will make decisions such as religious training, medical, and educational decisions. Child support will be determined by a formula, including the parties income, and expenses for the children, including health care premiums and daycare.
5) Property.
In Indiana, all property is placed into the “marital pot” to be divided, with the presumption that the division will be divided equally-50/50. The presumption may be rebutted (overcome) by showing that there are circumstances requiring an unequal division.
We hope that this blog post has been helpful in exploring some initial aspects of divorce. Consultation with an attorney can help you navigate this process and protect your interests. This blog is not intended as legal advice. Dixon & Moseley, P.C. practices throughout the state of Indiana. This blog post was written by attorney, Jessica Keyes.
