Divorce in Indiana has several myths that need addressing. You may read news online or hear rumors about certain aspects, which could hinder you from doing the right thing for your family. Learning the truth is key to approaching your transition.
The requirement of grounds for dissolution
Indiana is a no-fault state, which means that you do not need to show cruelty or adultery as a reason why you are ending the marriage. The courts allow one spouse to file for divorce without the other’s consent, provided that the marriage is irretrievably broken.
The presumption of maternal custody
Mothers do not get automatic custody. The courts start with the premise that frequent and continuing contact with both parents is ideal. A judge believes that this meets the best interests of a child.
The right of an adolescent to choose residency
A child cannot decide on their own parenting time. In Indiana, the courts may consider a child’s wishes, provided they are sufficiently mature to express a reasoned opinion. But at the end of the day, the judge will have to consider multiple components before deciding on a fitting parenting schedule.
The equitable distribution of marital assets
In Indiana, the courts start with the presumption that a 50/50 split is just and reasonable. However, this may change if you present rebuttable evidence that would cause a judge to deviate from this starting point. The judge shall then divide the marital property based on certain factors.
The inevitability of litigation
High-conflict TV dramas make it seem like every divorce ends in a courtroom shouting match. Thankfully, this is not your only path. Many couples successfully use mediation or uncontested filings to reach an amicable agreement without ever setting foot in front of a judge.
Moving toward a better future
Understanding the legal standards of divorce and family law in Indiana is the first step toward your next chapter. If you decide to file for a divorce now, it would be advisable to seek legal guidance from an experienced attorney. Their insight can help you navigate the nuances of state law, which can help protect your family from potential issues in the future.