Everything a Wife Should Know In An Indiana Divorce

The legal dissolution of a marriage can be a complicated and time-consuming event that involves sensitive matters regarding a married couple’s private life. Depending on the reason for divorce, the divorce process in Indiana can be difficult to navigate if there are shared children and the total material assets. This is especially true for divorcing wives that face many challenges and uncertainties during legal battles and life post-divorce. Here is everything a wife is entitled to in an Indiana divorce.

Indiana state laws place specific guidelines upon the procedure for divorce, how assets must be fairly divided, and what each spouse is entitled to from the other given certain circumstances. Ensuring your rights are maintained throughout the entirety of the divorce process is crucial to preserve your financial security, happiness, and overall well-being after the divorce.

Indiana Divorce Laws

Indiana is a ‘no-fault’ divorce state, meaning a specific reason or action from a party does not need to be provided to have grounds for a divorce. However, establishing a clear reason or person at fault for divorce may be helpful when it comes to determining other factors, like calculating alimony.

The Divorce Process

Spouses have many rights throughout the divorce process when it comes to settling all agreements in the petition for a dissolution of marriage (the divorce papers). As a divorcing spouse that may have been served divorce papers, you are entitled to contest the divorce if you disagree with any of the terms. Your Indiana divorce attorney may need to work with the other parties’ legal team to negotiate new terms, or the courts will hold a hearing at the end of the 60-day waiting period.

Related: Types of Divorce: What Are My Divorce Options?

Important components that will be included in the petition for a dissolution of marriage in Indiana will include matters such as child custody, child support, spousal support, division of assets, and more. You must understand your rights within all of these critical areas to ensure the divorce terms are just.

Child Custody and Support Orders

There are no laws that automatically place any shared children in the favor of their mother’s custody after a divorce in Indiana. Joint custody or sole custody orders determine what rights each parent has to make decisions regarding the child’s life, how often they see their children, and if child support payments must be established.

Sorting through Indiana child custody and support laws is very complex and overwhelming. An Indiana divorce attorney will be able to help you navigate these laws and establish a custody order that is in the best interest of your family.

Division of Assets

Indiana is an equitable property division state, which means courts will evenly and fairly divide any assets gained during or even before the marriage.

In distributing property, the courts will consider:

  • Each spouse’s contribution to the acquisition of the property
  • If the property was obtained by a spouse before marriage, through inheritance, or as a gift
  • The economic circumstances of each spouse at the time of the division of property
  • The behavior and actions of both parties as related to the disposition of property
  • The earnings or earning ability of each spouse

Spousal Support in Indiana

Spousal support is a monthly court-ordered payment from one spouse to another determined on several legal qualifications. Establishing and proving you are entitled to receive spousal support can be done with an Indiana divorce attorney.

Related: Contested and Uncontested Divorce: The Difference

When establishing your spousal support order in Indiana, the courts will consider:

  • If the requesting spouse is physically or mentally incapacitated to the extent that they cannot support themselves
  • Whether an end in education, training, or employment of a spouse occurred during or because of the marriage (homemaking or childcare responsibilities)
  • The earning capacity of each spouse, including the level of education, training, employment skills, work experience, and length of presence or absence from employment
  • The time and expenses that are necessary for the completion of education or training required for a spouse’s future employment.

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