- August 9, 2024
- CLLB Law
- Divorce
Learn More About No-Fault Divorce in Indiana, How It Works, And How to Get One
Featured Snippet: A no-fault divorce in Indiana means that the petitioning spouse doesn’t have to prove that the other partner is to blame for the divorce. Instead, they state that the marriage is irretrievably broken and nothing can be done to repair it.
The mention of divorce often makes couples shudder. Allegations are made, doors are slammed, and one party has to prove the other is at fault.
Thankfully, there is a silver lining. The concept of “no-fault” divorce in Indiana allows couples to go their separate ways peacefully. It gives you the chance to say, “This marriage isn’t going to work, and it’s nobody’s fault,” without digging up dirt on your spouse.
So, if you want to move on without making a fuss about who did what wrong, there is a way out. The Indiana “no-fault” divorce lets you dissolve your marriage amicably and focus on starting afresh without settling scores.
In this article, we’ll discuss what “no-fault” divorce means in Indiana and how to go about it.
What Does It Mean to File for A No-Fault Divorce in Indiana?
Discover What No-Fault Divorce in Indiana Means
Indiana offers at-fault and no-fault divorce options, so you can choose the most suitable option for you. In a no-fault divorce, the party filing the divorce doesn’t have to prove that the other party is at fault.
Instead, they simply state that the marriage is irretrievably broken, meaning that it has broken down beyond repair and nothing can be done to fix it. This type of divorce cannot be contested – the other party cannot “prove” that the marriage is not irretrievably broken. If only one party claims a no-fault divorce, the marriage will be dissolved as long as that party pursues it to the end.
In contrast, in a fault-based divorce, the petitioning spouse must prove grounds for the divorce. Establishing a no-fault divorce makes the process less complicated and antagonizing. It’s often better for you and your spouse to avoid the blame game and part ways amicably.
How to File for A No-Fault Divorce in Indiana
Understand The Step-by-Step Process of Filing for a No-Fault Divorce
Filing for a no-fault divorce in Indiana can be pretty straightforward once you follow the necessary procedure. Here’s a guide to go through the process:
Meet The Residency Requirements
For a no-fault divorce in Indiana, a spouse must have lived in or been stationed in the state with the U.S. military for at least 6 months.
Either of you must also have lived in the county where the divorce is being filed or been stationed there by the military for at least 3 months.
Prepare Your Document
You must obtain the required forms from the Indiana courts’ website and complete them, including the petition for dissolution of marriage.
The form demands specific information about you, your spouse, marriage, and children (if any). You must also indicate that the marriage is irretrievably broken. Other forms required are an appearance and summons.
Finally, complete the forms accurately to prevent delays with your case. It’s best to contact an attorney if you need any clarification.
File The Petition
Once you’ve completed the forms, file them with the county court where you or your spouse meet the county residency requirements. You’ll pay a filing fee to do this, and the amount varies from court to court.
After filing the forms and paying the fees, the court will give you a case number and assign a judge to your case.
Serve the Divorce Papers on Your Spouse
You can’t serve the divorce papers yourself in Indiana; they must be delivered through a private process server, certified mail, or a sheriff.
Your spouse can respond to the divorce petition within a specific time frame (usually 20 days). If they fail to respond or agree to your condition, you can move forward without their input. However, if they contested the terms, you may need to negotiate or mediate.
Final Resolution
A trial won’t be necessary if your spouse does not contest the divorce (the marriage will automatically be terminated upon the judge’s approval). Yet, if your spouse contests the case, you may either go to trial or settle it out of court.
During the trial, the court will divide your assets based on Indiana’s equitable division laws. The court will also consider different factors regarding custody if children are involved.
What Are the Possible Benefits of A No-Fault Divorce?
Explore The Perks of a No-Fault Divorce
Some of the upsides of opting for no-fault divorce include:
Reduces The Potential for Conflict
A fault-based divorce is often associated with hostility and finger-pointing. In some cases, a spouse may go to extreme lengths to prove that the other party is at fault to dissolve the marriage. This triggers accusations, resentment, and complications that make the entire process draining.
Since neither spouse is required to establish fault in a no-fault divorce, the process is considerably smoother. You and your partner can dissolve your marriage quietly and without conflicts, so the process is less complicated.
Enables A Private Resolution
At-fault divorce requires you and your spouse to air your business in open court. In contrast, you can keep your matters private if you opt for a no-fault divorce. Doing this lets you protect your privacy, avoid humiliation, and dissolve your marriage in a less hostile condition.
Facilitates The Divorce Process
No-fault divorce processes are quicker and easier to dissolve. That’s because they reduce conflicts and eliminate the back-and-forth that’s often associated with at-fault divorces. One party doesn’t need to prove the other is at fault, so the court approves their divorce more quickly.
Reduces Cost
A no-fault divorce is less expensive because there’s less litigation. There’s no need to prove wrongdoing, so the divorce is finalized quickly, reducing legal fees.
In addition, there is a good chance you and your spouse will be open to settling out of court. As a result, you can speed up the process and further lessen costs.
Encourages Healthy Post-Divorce Relationships
A positive post-divorce relationship is necessary to facilitate child custody and build a healthy relationship with the kids. With a no-fault divorce, you reduce conflicts that may close the door to building a positive post-divorce interaction, enabling you to develop a cooperative approach that enhances your relationship with the kids.
It’s important to understand that while no-fault divorces prevent you from having to prove the other party is to blame for the marriage ending, you may still have to prove the other party is to blame for issues related to custody and division of assets. A no-fault divorce is not guaranteed to be an amicable divorce.
Contact Our Knowledgeable Divorce Lawyers in Indiana for More Information
Get More Clarification on Matters Relating to No-Fault Divorce in Indiana
A no-fault divorce ultimately reduces the emotional toll that comes with ending a marriage. Since no one needs to prove fault, you can reduce conflicts and dissolve your marriage peacefully. It also creates a healthy environment for the kids during the divorce and afterward.
If you have more questions on navigating a no-fault divorce, contact our lawyers at Church Langdon Lopp Banet law firm. Our competent attorneys have solid experience handling divorce cases and will offer the guidance you need.
Contact our lawyers today for expert direction now at (812) 725-8226 if you are considering a no-fault divorce.
Attorney Steve Langdon
Licensed to practice in both Indiana and Kentucky, Steve Langdon is an experienced elder law and trial attorney. In addition to his litigation and trial work, Steve’s practice includes wills, trusts, probate, Medicaid planning, guardianship, powers of attorney, and advanced directive planning, including living wills and health care surrogate designations. [ Attorney Bio ]