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Select The Indiana State Divorce Kit That Best Suits Your Needs
Indiana Residency Requirements For Divorce
A spouse filing for divorce in Indiana must have lived in the state for at least 90 days. If Custody of children is at issue a longer waiting period may be required. After the responding spouse has been served, there is a sixty day waiting period before a divorce will be granted.
Grounds For Divorce In Indiana
The only grounds for the dissolution of a marriage (divorce in Indiana), in Indiana, are the irretrievable breakdown of the marriage.
Indiana Child Custody
The court will determine Custody, within the confines of a divorce in Indiana, in accordance with the best interests of the child. Either individual or joint Custody may be awarded. The court may issue an order for joint Custody of a child if both parents agree and submit a written parenting plan and the court finds that such an order is in the best interests of the child.
The following are some considerations:
- desires of the parents and the child;
- child's adjustment to home, school and community;
- if one, both or neither parent has provided primary care of the child;
- mental and physical health of all involved;
- which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent;
- conviction of a parent of a drug offense.
Indiana Child Support GuideLines
Indiana has adopted child support guidelines which apply in virtually every divorce in Indiana case, unless special circumstances are present. The Indiana child support calculation takes into consideration the gross income of both parties, and certain child related expenses. Indiana child support will continue until the child reaches the age of majority, and may be extended through his or her secondary education.
Mediation
Mediation is strongly encouraged by the Indiana divorce courts, as is conciliation counseling. Before or after the filing of a complaint, mediation may occur pursuant to law (in a covenant marriage), a court order, or by agreement of the parties.

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