If you are thinking about filing for divorce in Indiana, it is important to know a little bit about how the process works. This post gives a little direction as to what you should expect if you are going to file for divorce.
Grounds. Indiana has adopted the concept of “no-fault” divorce, making it unnecessary to prove cruelty, adultery, etc. in order to obtain a divorce. The usual ground is to allege, in a written petition to the court, that the marriage has suffered an irretrievable breakdown without reasonable expectations of reconciliation. A spouse’s character is usually irrelevant to the issues before the court. I often suggest to clients to think of the divorce as a break-up of a business partnership.
Residence Requirements. At the time a divorce petition is filed, you must have resided in Indiana for 6 months and in the county where the petition is filed for 90 days. There are limited exceptions which may apply if you do not qualify under this general rule. Continue reading