indiana

Indiana operates under an equitable distribution model for dividing marital assets during divorce proceedings. This means the court aims for a fair, but not necessarily equal, split of property and debts. Several factors influence this division, including each spouse’s contribution to the acquisition of marital property, their economic circumstances, and their conduct during the marriage.

Equitable distribution reflects the reality that contributions to a marriage are not always monetary. One spouse might focus on career advancement while the other manages the household and raises children. The law recognizes the value of both contributions. Fault in the dissolution of the marriage, such as infidelity or abuse, can also influence the court’s decision regarding asset division.

Read more

Indiana operates under a system where marital dissolution does not require proof of wrongdoing by either spouse. This framework allows a divorce to proceed based solely on the assertion that the marriage is irretrievably broken. As a practical matter, this means a party seeking to end a marriage in Indiana does not have to demonstrate fault, such as adultery or abuse, on the part of the other spouse. The court can grant a divorce based on the irreconcilable differences between the parties, regardless of whether both parties agree the marriage is beyond repair.

The absence of a fault requirement streamlines the divorce process, potentially reducing legal costs and emotional strain. It can minimize adversarial conflict, as neither party needs to accuse the other of specific misdeeds to obtain a divorce. Historically, divorce laws often required demonstrating fault, which could lead to lengthy and contentious court battles. The shift to this current model acknowledges the reality that marriages sometimes simply fail, even without either party being explicitly to blame. This can allow parties to move on with their lives more quickly and with less animosity.

Read more