How long do you have to be separated before you can file for divorce in the state of Indiana?
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How long do you have to be separated before you can file for divorce in the state of Indiana?
12-months
Does it matter who files for divorce in Indiana?
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.
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A legal separation is not required prior to an Indiana divorce, although a legal separation may provide the divorce court with the evidence it needs of a marriage’s “irretrievable breakdown.”
Is Indiana a joint property state?
Indiana is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case. Factors such as one spouse’s economic misconduct may also be considered.
Is Indiana a dower state?
Dower / Curtesy Rights: Indiana does NOT recognize dower or curtesy rights, so the non – title spouse does NOT need to execute deeds or mortgages.
How is debt divided in divorce in Indiana?
Debts are lumped with assets as part of a couple’s marital property, and thus, must be divided as part of the divorce. Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.
Is an inheritance marital property in Indiana?
The short answer to this question is, yes, the inheritance is marital property. Indiana operates under the “one pot” theory of marital property. All property belonging to either or both spouses is considered marital property. The court will attempt to effectuate a just and reasonable division of the property.
