If you have any questions like, “What is a wife entitled to in a divorce in Indiana?” or require other legal assistance, find help from qualified, experienced Indianapolis divorce lawyers.
What Is Required in Order to Get a Divorce in Indiana?
In Indiana, at least one of the following grounds for divorce must transpire within a marriage in order to file:
- A felony conviction.
- Impotence.
- Irreconcilable differences that result in an irreparable breakdown of the marriage (no-fault divorce; this doesn’t allude to marital misconduct).
- Incurable insanity for at least two years.
At least one spouse must have resided in Indiana for six months minimum before filing the Petition for Dissolution, which can be filed at the county Circuit Court where either spouse lives.
Qualifying for Spousal Maintenance in Indiana
Spousal maintenance in Indiana, also called spousal support or alimony in other states, is the structured payment of one spouse by the other during the divorce and potentially for a period following the finalization of the marriage dissolution.
The judge will typically consider first whether the spouse or the couple’s child is physically or mentally incapacitated, warranting spousal support due to the requesting spouse being unable to self-support or in need of additional financial support. The court will likely order maintenance payments for as long as the incapacity lasts; the judge has the ability to later review and amend the arrangement if necessary.
Without such circumstances, it’s still possible for the judge to award maintenance when appropriate for the requesting spouse’s situation. Spousal maintenance may be granted if one spouse is deemed in need of financial support after the judge considers:
- Each spouse’s level of education, earning capacity, and length/presence in or absence from the job market.
- Whether one spouse had to cease education or career advancement due to needs within the household.
- The time and resources needed for the requesting spouse to find appropriate employment, including necessary training or education.
Temporary spousal support may be awarded to the spouse in need for the duration of the divorce proceedings in an attempt to maintain their standard of living and prevent hindrance toward progressing the case. The payment amount will be what the judge deems fair and just after considering the relevant factors.
Rehabilitative spousal maintenance also provides support during the divorce process in addition to a short period after the divorce has been finalized, lasting no longer than three years, while the spouse receiving maintenance payments works toward becoming self-supporting.
Divorce Process of Dividing and Distributing Property
The distribution of property during a divorce in Indiana aims to equitably divide all assets — including property that both spouses owned prior to marriage, assets acquired through the spouses’ joint efforts, and any property gained by either spouse during the duration of the marriage but not after the date the divorce was filed for. The judge has several options in deciding how the assets will be divided equitably, not necessarily 50/50, between the spouses.
In Indiana, property division is conducted under the assumption that an equal 50/50 split between spouses would be fair, and any objections to this must be argued against by either party, using evidence that speaks to why an equal division would be unjust.
It is ultimately at the judge’s discretion how to allocate the properties; they may choose to award each spouse properties amounting to equal value, order spouses to sell certain property and divide the profits, require one spouse that is granted a certain asset to pay the other spouse a fair share of that property’s value, order one spouse to set aside an account of a percentage of their benefits to be accessed at a later time or a combination of these methods.
FAQs
Q: Who Has to Leave the House in a Divorce in Indiana?
A: If ownership of the family household cannot be resolved between spouses, the judge will make a decision based on the circumstances. Often, when children are involved, the custodial parent is given the family home.
If one spouse is awarded the house, the other spouse will receive assets equal in value. It’s also possible for the judge to order the spouses to sell their home and split the proceeds, so it’s a good idea to resolve the issue beforehand to avoid any dissatisfaction.
Q: How Long Do You Have to Be Married to Get Half of Everything in Indiana?
A: No Indiana laws reference the length of marriage influencing property division; the issue is at the judge’s discretion; they may consider marriage length, among other factors.
For example, if a couple was married for a few years and they have no children, likely with little property, the judge may decide to return each spouse their premarital property, instead focusing on assets gained during the marriage. This is less likely for a marriage that spanned multiple decades and might involve children and many assets.
Q: Is My Wife Entitled to Half the House if It’s in My Name?
A: In Indiana, there’s no law regarding who is entitled to specific property. If the house was a spouse’s premarital property, the judge may grant them ownership, although they would also consider whether the other spouse made significant financial contributions to its payment or development. Joint efforts in acquiring a house are even likelier if it was bought during the marriage, despite whether the property is under one or both names.
Q: Does a Husband Have to Support His Wife During Separation in Indiana?
A: Neither spouse is inherently obligated to provide for their spouse during separation or after divorce. If one spouse is mentally or physically incapacitated or is the custodial parent of a child who is, it’s likely the judge will award a support order.
Otherwise, the judge considers the income disparity and the spouses’ earning capacities when deciding whether temporary or rehabilitative spousal support is warranted and to what degree.
Legal Professional to Answer All Your Divorce Questions
At Stange Law Firm, an educated family law attorney with extensive experience will be sure to handle all your family matters with care and precision. Our professional law team can help with property division, divorce mediation, child custody, and more. Schedule a consultation today.
