If you and your spouse have decided to get divorced, there may be a desire to blame each other for the end of the marriage. However, Indiana is a no-fault divorce state, meaning that you do not have to prove one spouse’s marital misconduct as the reason for your divorce. Instead, under Ind. Code Sec. 31-15-2-3, couples may cite to an “irretrievable breakdown of the marriage,” basically saying that they are not able to work through the issues in their marriage to stop the divorce from happening.
While you do not have to cite fault-based grounds for divorce in your petition, there a few you can choose to mention. Fault-based grounds for divorce in Indiana may include:
- Felony conviction: One spouse was convicted a felony following the date of the marriage
- Impotence: One spouse was impotent at the time of the marriage
- Incurable insanity: One spouse was declared as “incurably insane” for a minimum of two years
If you are considering a divorce or legal separation, it is important to note that no-fault divorces are generally resolved more quickly than fault-based divorces, as they do not require you to present evidence to the court to show that your spouse is at fault for the end of your marriage.
Before you file your petition for divorce in Indiana, it is important to make sure that you meet the state’s residency requirements, which include the following:
- At least one spouse resides in Indiana for at least six months before filing for divorce.
- At least one spouse resided in the county of filing or was stationed on a military base within the county of filing for at least three months prior to filing.
As you file your petition for divorce, you must indicate whether you are filing for no-fault or fault-based divorce.