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Grounds for Divorce in Indiana

Indiana provides both no-fault and fault-based grounds for divorce, offering flexibility for couples based on their unique circumstances.

No-Fault Grounds for Divorce

• Irretrievable Breakdown: The most common no-fault ground in Indiana, meaning that the marriage has broken down irretrievably and there is no possibility of reconciliation.

Fault-Based Grounds for Divorce

• Adultery: One spouse engages in voluntary sexual intercourse with someone other than their spouse.
• Impotence: One spouse is naturally and incurably impotent.
• Conviction of a Felony: One spouse is convicted of a felony.
• Abandonment: One spouse has willfully deserted or abandoned the other for at least six months.
• Cruelty: One spouse subjects the other to cruel treatment that endangers their life or health, making cohabitation unsafe.
• Habitual Drunkenness: One spouse habitually abuses alcohol or drugs.

Key Points

• Irretrievable Breakdown as a Common Ground: Most divorces in Indiana are filed under this ground because it does not require proving fault, simplifying the process.
• Impact of Fault on Divorce Proceedings: Citing fault-based grounds can influence the division of marital property, spousal support, and child custody arrangements.
• Residency Requirements: To file for divorce in Indiana, either spouse must meet the state’s residency requirements, which include living in the state for at least six months before filing.

Conclusion

Understanding the grounds for divorce in Indiana is crucial for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on irretrievable breakdown or citing specific fault-based grounds, it's important to consider how the grounds might affect the divorce process, including financial settlements and child custody decisions.

Consulting with a legal professional can provide guidance tailored to an individual's specific situation.