Indiana Divorce

Divorce (or dissolution of marriage)in Indiana is governed by Indiana Code 31-15-1, et seq. An Indiana divorce can be granted for four (4) reasons, irretrievable breakdown of the marriage, felony conviction after marriage, impotence existing at the time of marriage, and incurable insanity of either party for a period of at least two (2) years.  You no longer have to prove divorce is necessary, so most people seek a divorce because of irretrievable breakdown of the marriage.

Once an Indiana divorce action is filed the parties must wait sixty (60) days before the divorce may be granted.  This period is called the cooling off period.  During this time the parties may, but are not required, to reconcile.  If the parties do reconcile the Indiana divorce action may be dismissed.  If one or both parties do not want to reconcile the divorce proceedings will more forward.

An Indiana divorce action may be resolved through a martial settlement agreement (sometimes called a property settlement agreement) or after a trial.  A marital settlement agreement is a stipulation signed by the parties that resolves some or all of the disputes surround personal property, debts, real estate, children, etc.  If the parties cannot come to an agreement on how to distribute the marital estate the judge will make the final decisions.

Please give me a call if you have any questions regarding Indiana divorce matters (property, debts, child support, custody, etc).  I typically practice in Allen County, Whitley County, DeKalb County, Noble County, Huntington County, and Wells County, but I will travel anywhere in the State of Indiana.

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