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Divorce laws vary from state to state. In this case, you have to be aware of what your rights are for filing divorce in Indiana. Remember that the law and process differ in every state. It is imperative to be equipped with some of the more important laws to be aware of.
Admissible Grounds for Divorce in Indiana
If you are filing for divorce in Indiana, you will need to file a petition of dissolution. This dissolution is concerning marriage, and it can be done in a circuit court or superior court. Individuals that are involved in the divorce must reside in the state for a period of six months. However, they must also be within the county that the divorce is being filed for three months. In Indiana, couples can divorce based on a fault or no-fault reasoning. It fully depends on their circumstances.
Fault or No Fault
Couples can file a no-fault divorce based on one factor. This factor is the inability to save a marriage that is clearly going downhill. In that case, neither spouse will be put at fault. If there is a fault within a divorce claim, there are several factors that need to be fulfilled.
A felony conviction must have occurred after the marriage was completed. If you or your spouse is unable to reproduce, this also counts as grounds for divorce. And, if either spouse is suffering from incurable insanity for two years, this too will count as grounds for fault divorce.
Child Custody in Indiana
The elements that follow child custody in Indiana are many. Most of the primary factors consider the child foremost. The child, if over the age of 14, has the right to express their wishes to the court. The relationships between siblings, parents, and others who can influence the child are reviewed. Where the child attends school, the community around them, the history of child abuse or violence if any, and the physical and mental condition are all aspects the courts deem important.
The alimony paid to your spouse will be decided on factors for the interest of the child. For example, if your child has experienced a certain way of living during the marriage, the alimony may be increased in order for them to continue living this way. Also, as with most divorce laws, the financial, emotional, educational, and physical needs of the child will determine the size of the alimony payment.
Filing for divorce entails a complex process; you need to deal with a lot of paperwork and face different arrangements. It is in your best interest to seek advice and get a divorce lawyer who can legally represent you and effectively handle your case.