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When filing for divorce in the State of Indiana, the filing spouse must have resided there for six months. Further there is a 60 day waiting period for an uncontested and consented dissolution.
Indiana’s no-fault grounds for divorce include the irretrievable breakdown of the marriage. The only fault based grounds for divorce are as follows:
(1) The conviction of either of the parties, subsequent to the marriage, of a felony.
(2) Impotence, existing at the time of the marriage. (3) Incurable insanity of either party for a period of at least two (2) years.
The parties may agree to either joint or sole legal and physical custody of their child(ren). The parent has the right to participate in decision-making involving the child if he or she is given legal custody. The court may award either joint or sole legal custody in a contested dissolution and will determine physical custody for the child in accordance with what is deemed to be in the best interests of the child.
The court may take the wishes of the parent and the child into consideration when determining custody issues. The court may also consider the bond between the child, parent, and any siblings in the household, and the child’s adjustment to the home, school and community. The mental and physical health of all parties involved will also be considered in determining the best interests of the child for custody purposes.
Indiana’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education. VENUE Venue lies in the county where either the petitioner or respondent resides.
Prior to or during divorce proceedings, the parties may choose to submit any or all of their issues to mediation so that they may proceed in court on an uncontested basis.
Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.