How long do you have to be separated before divorce in Indiana?

How long do you have to be separated before divorce in Indiana?

Before you can file for divorce in the state, you or your spouse must have been living in Indiana for six months. You’ll need to file your divorce case in the county in which you have lived for the past three months.

Does it matter who files for divorce first in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.

How can I get a free divorce in Indiana?

How do you get a free divorce in Indiana? A free divorce in Indiana is only available for the parties who do not hire lawyers or use any paid alternative services, given that the petitioner cannot afford to pay the court filing fee and is considered qualified for a fee waiver.

What are the grounds for divorce in Indiana?

In Indiana, the grounds for divorce are:

• Irretrievable breakdown of the marriage;
• Conviction of a felony (after the marriage);
• Impotence, if it existed at the time of the marriage; and.
• Incurable insanity for at least two years.

How does adultery affect divorce in Indiana?

Adultery is not one of the fault-based grounds for divorce in Indiana. Therefore, the court will not consider evidence or testimony about adultery when it decides whether to grant a divorce.

Is cheating illegal in Indiana?

The answer is no – and yes. The laws vary from state to state. In some states, the issue of adultery is going to matter big time. But in Indiana, divorces are considered “no fault.” What that basically means is that neither party has to show that the other did anything wrong in order to acquire a divorce.

How is alimony calculated in Indiana?

The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Is Indiana a alimony state?

Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited.

How are marital assets divided in a divorce in Indiana?

Indiana is a “one-pot” property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.

Do I have to give my wife money if we are separated?

1 attorney answer If your wife seeks divorce (or if you do) by filing a Petition for Divorce, while the divorce is going on, the law says the expenses of the marriage must be paid. This is called “Interim Support”.

Will I lose my ex husband’s pension if I remarry?

Typically, you won’t lose the income from your ex-husband’s pension if you remarry, because the QDRO document ensures your continued right to receive these funds.

Can current wife and ex wife collect Social Security?

If you’re getting Social Security retirement benefits, some members of your family may also qualify to receive benefits on your record. If they qualify, your ex-spouse, spouse, or child may receive a monthly payment of up to one-half of your retirement benefit amount.