Can you date while separated in Indiana?
Can you date while separated in Indiana?
In Indiana, unlike some state, the mandatory waiting period from the date of the filing of the divorce petition until the divorce can be final is sixty (60) days. That doesn’t mean that all divorces can be finalized in 60 days, but it does mean that, for most people, you only have to wait a few months to start dating.
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.
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 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.
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.
Who gets the house in a divorce Indiana?
The court will generally divide the marital property in half, and each spouse will get one half of the total property. This doesn’t mean each item will be split in half; one spouse might get the car and the other spouse might get the furniture.
What am I entitled to in a divorce in Indiana?
What will the court do as part of a divorce?
- End the marriage.
- Divide the marital property and debts (usually on a 50-50% basis).
- Issue custody, visitation and child support orders for children of the marriage.
- The wife can get her maiden or former name back as part of the divorce.
