Divorce in Indiana – main characteristics


Divorce in Indiana – main characteristics

Many couples want a divorce. Of course, this is bad, sometimes even tragic, but such is life! Some people do not know about the most effective way to terminate a marriage in Indiana. The reason for this is ignorance of the laws.


Many divorces are made through the court, and in fact, it is not difficult to file a divorce peacefully, through the registry office.

There is an article in laws which covers such concepts as divorce.

After all, marriage dissolution is a more multifaceted concept. Suppose one of the spouse’s

Divorces in Indiana- main characteristics disappeared, then the divorce in the usual way will not succeed, but there are other methods to terminate such a marriage. For example, if a person cannot be found after a specified period in the law.


To dissolve a marriage means to terminate it during the lifetime of the spouses. This legal act ends in the future legal relations that have previously arisen between the spouses. However, there may be exceptions to the legal consequences of a divorce, and the former spouses involuntarily have to interact.


An important point!

You can terminate only the marriage, which was registered officially. “Civil” unions are not terminated.

The process of ending a marriage begins at the moment when one of the spouses writes a statement.

If the spouse who wishes to divorce is declared incapable, then the statement may be written by his guardian. Most often, either the parents, or brothers (sisters), or other close relatives act as guardians. After all, it often happens that after the misfortune with one of the spouses the other spouse leaves him in the care of relatives, he arranges personal life.

No other person may apply for a divorce of a married couple. Although the mother-in-law is very often the initiators of the divorce or instigators, it is the business of the spouses whether to remain married or not.

An exception

Art. 17 states that any of the spouses may become the initiator of the divorce; however, sometimes the Law prohibits the divorcing of the couple.

Divorce will be postponed if the wife is pregnant. This refers to the requirement of separation made by her husband.

Until the child marks his first year of birth, the husband’s request for divorce will also be rejected.

Such situations do not change the conditions:

•    if the baby was born dead;

•    if he did not live to 1 year.

In the second case, lawyers advise men to patiently count a one-year term from the birth of a deceased child.

4. Again, this is a one-sided demand from the husband. If both parties are ready for a divorce, such restrictions are lifted.

Why do we need such restrictions?

The law tries, without prejudice to the civil rights of men, to perform such functions:

•    protect motherhood;

•    to keep the family if possible;

•    to preserve the power of the child to be raised in a full-fledged family.

Quite the contrary: the law pushes the spouses to take extreme steps preventing the divorce.

If the marriage was dissolved by the fault of one of the spouses, the other spouse has the right to demand from the husband responsible for the dissolution of the union to compensate him for property damage associated with the demise of the marriage, as well as non-property damage caused by the death of the marriage.


The state must pay stamp duty, the amount of which depends on the size of the claim. The claimant and the defendant must prove the circumstances to which they refer as the basis of their claims and objections.

A spouse who has filed for divorce may object and provide evidence to the court confirming that the marriage has broken up due to the fault of the claimant. The court, having considered all the circumstances of the case, can conclude that the marriage was broken not through the failure of one of the spouses, but the responsibility of both spouses.

Who can divorce a married couple?

In Art. Eighteen indicated the procedure for divorce. Exclusively the state bodies perform this procedure, but it takes into account the specific circumstances. The parties can not always decide where to divorce:

•    in the registry office;

•    in a court.

There is a list of circumstances that are highlighted in the legislation of Indiana State, affecting the mechanism of divorce.

Special position

If one of the spouses in the court was declared incompetent or he was deprived of his liberty for a term of more than three years, then property disputes arise between the spouses, which are decided in court. Such questions concern:

•    division of property (general);

•    payment of funds to the spouse if he is disabled and needs maintenance;

•    education of children, their treatment, support, training, which also requires additional costs.

Divorce in the registry office is the easiest way

According to Art. 19, spouses may submit a corresponding application to the registry office. But there is a condition: the absence of minor children.

There may be another situation. Suppose that the other spouse:

•    declared incompetent;

•    will be in custody for more than three years;

•    found to be untraceable (this issue is considered in court).

Then it is enough to apply to one of the spouses for a divorce in the registry office. It does not matter if there are minor children or not.

Completion of the procedure

The relevant act is recorded at the registry office, and the marriage relationship will end. Each of the former spouses will receive a divorce certificate, and an appropriate mark will be put on the identity cards. If at the time of the dissolution of the marriage one of the spouses is absent, then the score is made when issuing the specified certificate.

The marriage will be terminated, and a certificate will be issued after one month has passed since the application was submitted. Spouses are not required to disclose the reasons for the divorce if the procedure is carried out through the registry office.

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