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Do You Need A Reason To File For Divorce In Indiana?

On Behalf of | Jul 8, 2022 | Family Law

Every couple experiences unique challenges during marriage, and not every married couple will overcome those obstacles. A significant percentage of marriages end in divorce. You have to abide by state laws when you decide the time has come to end your marriage.

If you or your spouse have lived in Indiana for six months or more, you can file for divorce in the Indiana family courts. You will file paperwork with the courts and then serve your spouse, who must respond to your filing.

In Indiana, do you need to have evidence of some kind of misconduct to convince the courts to grant a divorce if your ex will not cooperate with you?

Indiana offers no-fault divorces

Many people considering divorce will file for divorce under the state’s no-fault statute. They will claim that there has been an irreparable breakdown of the relationship. Since there is no way to prove that, there is no way to disprove it either. No matter how much your ex objects, they cannot prevent you from divorcing them based on the breakdown of your marital relationship.

They may be able to fight back if you divorce them for a fault-based reason. Indiana only allows three other grounds for divorce. Your spouse’s conviction with a felony offense after marriage is one of them. Learning that your ex is impotent and was at the time of marriage is another reason. Finally, if they are institutionalized for incurable insanity for two years, you can divorce them.

Even if you meet the standard for a grounds-based divorce, it may be faster and less contentious to pursue a no-fault filing. Learning more about the rules that apply to divorces in Indiana will help you take the right steps when filing your initial paperwork.