Indiana operates as a “no-fault” divorce state. This means that a dissolution of marriage can be granted based solely on the assertion that the marriage is irretrievably broken. While misconduct, such as marital unfaithfulness, does not directly dictate whether a divorce is granted, it can influence certain aspects of the proceedings. For instance, evidence of extramarital affairs might be presented to the court. However, the core basis for divorce remains the irreparable breakdown of the marital relationship.
Historically, and in some jurisdictions still, marital misconduct played a more significant role in divorce proceedings, often requiring proof of fault to secure a divorce. The shift toward no-fault divorce aims to simplify the legal process and reduce the adversarial nature often associated with divorce litigation. Though it doesn’t determine the granting of a divorce, it can influence property division and spousal maintenance (alimony) awards, especially if the conduct led to the dissipation of marital assets. Showing a spouse used marital funds to support an affair may impact how assets are divided.
