Going through a divorce can be an emotional time. Understandably, you may not be at your most clear-headed during this process.
Familiarizing yourself with the divorce process before it begins can help reduce any apprehension you have and make the decision-making process easier.
Reason for divorce
When you file your Petition for Dissolution of Marriage, you must state the reason your divorce is being sought. Choose a reason that you and your spouse can agree on or you can prove in court if necessary.
Most Indiana divorces are sought on the grounds of irretrievable breakdown of the marriage which is a no-fault reason for divorce. Spouses seeking a divorce due to the fault of one party may do so in limited circumstances:
- Felony conviction of either spouse
- Incurable insanity that lasts for two years or longer
Length of the divorce process
A judge can not finalize a divorce until at least 60 days after the date the parties filed it. The court may issue temporary orders before finalizing the divorce.
Each spouse usually receives half of the total value of the marital property in a divorce settlement. However, factors such as child custody, earning potential, when the couple acquired the property, how much each spouse contributed to the purchase of specific property and the conduct of the parties involved may result in uneven distribution of assets.
Being nervous about a pending divorce is understandable. However, the more you know about the process, the better prepared you will be.