It is only in rare cases that the divorce process goes through without complications. A complete divorce involves the termination of all existing relationships that bind the partners at the state level, as well as the restriction of certain material benefits.
So, if a couple wishes to retain all the things that tied them together, they must be aware that there is more to consider than just the legal and material sides of the issue. In a case where everything is based on feelings (as is typically the case with the termination of the relationships), it is difficult to remain sensible and keep one’s emotions under control. This is why there are so many stories and controversies surrounding the divorce process. Unfortunately, divorces occur quite frequently in the world of show business, and personal issues are put on display for millions to gawk at.
People love other people’s drama, and the more intense the relationship, the more interesting it is. Fortunately, however, there are special divorce laws that spell out the rights and obligations of each spouse, thanks to which no drama or popularity will prevent each of the participants in the marriage from realizing their powers and duties.
How are divorces dealt with in Indiana? How do we determine who is right, who is guilty, which of the spouses will get everything, and which will get nothing? We will talk about your rights. Be careful and don’t be afraid to put your legal rights into action!
Who Can Apply for a Divorce?
The Indiana government follows a divorce process that is quite common in the United States of America. Divorce proceedings may be accepted for consideration if they are submitted to the Domestic relations court. The applicant must be a resident of the state of Indiana. Applications from residents of other countries are not accepted or are forwarded to another district. A petition may be considered within three months from the date of filing. Any spouse has a similar right to apply, but several particular reasons in the state may be grounds for approving a divorce petition.
As of today, the state of Indiana is not guided by the gender of the partner and does not deem one of the sexes to be more critical when deciding whether to accept an application. The state of Indiana boasts full gender equality with respect to resolving legal issues.
What Can Be the Cause of Divorce?
The state of Indiana indicates a path for government agencies to break a legal relationship.
The main legal grounds for breaking a marriage include:
- Termination of liberty by imprisonment of one of the spouses after marriage;
- Breaking relationships for personal reasons that render continuing the marriage impossible;
- Mental abnormalities that have arisen after marriage, which will last more than two years, and also cannot be cured with the full recovery of one of the spouses;
Many personal factors can lead to the breakup of a marriage, factors that one or both spouses consider unacceptable for continued cohabitation. In cases of unexpected or controversial moments with one of the parties in the divorce proceedings, legal support from lawyers on divorce proceedings may be involved.
Lawyers can greatly help people who do not understand their constitutional rights as they pertain to divorce proceedings.
A good lawyer will also help protect all the tangible property that belongs to each spouse in conformity with the law.
What Kind of Marriages Are Not Valid in Indiana?
Some people, out of love, can make a poor decision which leads to significant problems afterward. Many people attempt to find a way to marry outside the legal establishments of Indiana, a state in which marriages take place under legal rules and regulations. However, the laws of the state of Indiana officially spell out what constitutes an invalid union. Provisions include:
- An alliance conducted by persons who are under the age of 18;
- Persons under the age of 17 who have been married without parental or custodial support and approval;
- A marriage of convenience, which was conducted to meet a specific goal for one or both parties.
The state of Indiana also has restrictions for those who are about to get married. These restrictions include the following conditions:
- If one of the parties is already married to a person who is still alive;
- If the partners are blood relatives. Entrance to a marriage union is not allowed for persons who are second cousins to each other or have closer blood ties;
- If state residents marry outside their state to evade Indiana state laws, and subsequently return and reside in Indiana.
A party that at the time of marriage was in a damaged state of mental health, outside the standard age range, or was a scam victim, has the right to go to court with a petition for deceit and demand the annulment of the marriage union. An essential condition for the court to consider the application is the fact that the applicant and the second spouse live separately.
Property Section: All or Nothing
We just went over how the Indiana state government singles out special rules regarding divorce proceedings. The next question concerns the division of property. Who has more rights to jointly acquired property? Indiana is one of the fairest states, in that the law provides favorable conditions for each of the participants in the marriage if the parties could not agree amongst themselves. In most cases, the property is divided in half between the spouses.
Additionally, cases are considered regarding property that one of the spouses had before marriage, as well as the conditions for the purchase of items and their registration to one of the spouses.
The division of property is conducted by the court in the following order:
- Determination of ownership of a property in possession of each spouse;
- Direct transfer of wealth to the possession of former spouses;
- Resolution of the claims or the cost of the difference of a part of a feature that is not subject to direct physical separation;
- In cases of refusal to pay, the property is subject to sale at an amount determined after a valuation of the property. The money received after the sale of the property shall be equally divided between the former spouses;
If the spouses had a defined pension or benefits that are to be shared, the court determines the percentage of payment from one spouse to the other or determines that it is necessary to split the funds immediately after receiving the payments.
Indiana courts conduct a thorough examination of a given divorce case, evaluating the property of the couple. Based on this, they make a fair decision regarding the division of property. There are, however, several exceptions that the court looks at. These exceptions indicate that the division of a spouse’s estate may be influenced by several factors, such as:
- Each of the spouses took part in the acquisition of a specific item to varying degrees, regardless of the contribution of funds;
- Receipt of property by one of the spouses as a gift or inheritance;
- Acquisition of property before marriage;
- A difficult economic situation of one of the spouses after the divorce process;
- Granting a place of residence to one of the spouses who has received the right to guardianship of joint children for the period established during the trial;
- Recalculation of tax payments, after the transfer of the divided property into possession, to determine an even distribution of cash losses;
- Receipt of one party’s income after a division of property;
- Relationships during cohabitation in marriage, as well as the contribution of each spouse to everyday life.
In the event of the complete absence of jointly acquired property, the court has the right to determine payments to one of the spouses, not based on the property that exists at the time of the divorce proceedings. The court can make such a decision if one of the spouses has participated in financial support for the education of the second spouse – for example, payment for textbooks, postgraduate training or educational courses.
Financial Support After a Divorce
During the trial, one spouse may qualify for certain payments from the other spouse, commonly referred to as alimony. The court may approve a payment and determine its size if it sees the following conditions during the divorce proceedings:
- One of the spouses has physical or mental characteristics, obtained during cohabitation, that do not allow the person to take care of his or herself independently. In this case, it may be necessary to pay for the costs of a caretaker, as well as the basic needs of the spouse;
- A low income from one of the spouses, which will not suffice for self-maintenance plus the possible custody of their joint child, whose physical condition requires the constant presence of someone near and forces the parent-guardian to leave their job;
- The presence of a long break in the process of studying or employment, which is justified by the spouse staying at home to deal with the house, errands, and any joint children.
- A low level of vocational training, insufficient educational level, poorly developed employment skills, or a lack of significant working experience and time spent on the labor market, due to the need to do housework and care for the family;
- The necessity of time and additional expenses for preparation or training for further possible employment.
- The payment of alimony can be determined by the court for a certain period, based on the situation in which the spouses find themselves. In the case of medical procedures, as well as during the rehabilitation period, the payment of alimony may be ordered by the court for a different duration that depends on one of the specified reasons. However, the total length of fees may not exceed three years.
How the Court Makes Decisions Regarding Joint Children
The appointment of guardianship is carried out by the court primarily based on the interests of the child. When considering a guardianship case, the court takes into account the following factors:
- The child’s age;
- If the child is 14 years old or older, the court will contact the child directly and find out his preferences and the attitude of the parents towards him;
- If the child is under 14 years old, the court will contact the parents and find out their position regarding custody of the child;
- The attachment and relationships of each parent with the child, taking into account developmental concerns, as well as his emotional and physical health;
- The mental health and physical abilities of both spouses and children;
- The presence of another guardian with whom the child spends most of the time;
- The presence of domestic violence.
Based on the data it collects, and guided by the state laws of Indiana, the court may call for joint custody of the child under certain conditions. Such conditions may be established by the court itself, or by agreement of the parents at their discretion in the courtroom.
Summing up, we are comfortable in asserting that Indiana state law competently approaches the issue of divorce. The laws take into consideration many factors that may arise during the divorce process. Those who live in the state of Indiana can, with confidence, and if necessary, go to court. In court, they will receive 100% support for and compliance with their civil rights, and their mutual property will be shared 50/50 if there are no special conditions.