Important Indiana Divorce Guidelines to File for a Divorce
Indiana Residency Requirements For Divorce
To file for divorce in Indiana, at least one spouse must have been an Indiana resident for six months. After a spouse files the Indiana divorce papers, there is a 60 day waiting period until the divorce can be granted.
Grounds For Divorce In Indiana
Indiana recognizes both fault and no-fault grounds for divorce.
The no-fault grounds for divorce in Indiana is:
- irretrievable breakdown of the marriage.
The fault grounds for divorce in Indiana include, but are not limited to:
- conviction of a felony.
Indiana Child Custody
In Indiana, divorcing parents may agree to joint or sole legal and physical custody of their children. Sole legal custody gives one parent the right to make all decisions involving the children. Joint legal custody reserves both parents rights to make all decisions involving the children. Physical custody, which decides which parent the children will live with, can also be awarded to one or both parents. In a contested divorce, the courts will decide upon child custody with the best interests of the child in mind.
Indiana divorce courts will consider components including, but not limited to:
- age and sex of the child;
- wishes of the child’s parents;
- wishes of the child;
- bond between child and parent and siblings;
- child’s adjustment to home, school, and community;
- mental and physical health of all individuals involved.
Indiana Child Support Guidelines
Unless special circumstances are present, the courts calculate child support based on the official child support guidelines. Child support will continue until the child reaches adulthood, and may be extended through his or her secondary education.
The Indiana divorce forms and petition may be filed in the county in which the petitioner or respondent resides, or where the couple resided when the separation occurred.
Prior to or after filing Indiana divorce forms, the parties may choose to submit any or all of their issues to mediation so they may proceed in court on an uncontested basis. The courts have the ability to order mediation should the divorce proceedings become heavily disputed.