Indiana Divorce FAQ’s – Miscellaneous

This is about miscellaneous issues for divorce in Indiana, including residence requirements, grounds for divorce, common law marriage, annulment, legal separation, and any requirement for parent training in Indiana.

This information is from Lisa Garcia Reger, the DivorceInfo Network Lawyer for Indiana. Click here to visit her firm’s web site.

What are the requirements for residence?

At the time of filing a Petition for Dissolution, at least one of the parties must have been a resident of Indiana or stationed at a United States Military Installation within Indiana for six months immediately proceeding the filing of Petition.  At the time the Petition is filed, at least one of the parties must have been a resident of the county or stationed at a United States Military Installation within the county where the Petition is filed for three months immediately proceeding the filing of the Petition.

What are the grounds for divorce?

There are four grounds for divorce in the State of Indiana. One, irretrievable breakdown of the marriage. Two, conviction of either of the parties subsequent to the marriage of a felony. Three, impotence existing at the time of the marriage. And four, incurable insanity of either party for a period of at least two years.

Is there such a thing as common law marriage?

There is no common law marriage in the State of Indiana. A marriage is void if the marriage is a common law marriage that was entered into after January 1, 1958.

How does annulment work?

In Indiana, a marriage can be annulled if a party to the marriage was incapable because of age or mental incompetence to enter into a contract of marriage. A marriage may also be annulled in the State of Indiana if the marriage was brought about through fraud on the part of one of the parties to the marriage. The procedures and residency requirements are the same procedures followed in a dissolution of marriage action.

Is there such a thing as legal separation? If so, how does it work?

In Indiana, the parties can file a Petition to become legally separated. The process involved is similar to that of filing a Petition for Dissolution of Marriage. A Decree of Legal Separation remains in effect only until the effective date of a Provisional Order granted on the Petition or Counter-Petition for Dissolution or until the Provisional Order or Decree of Legal Separation expires. If a Petition for Dissolution of Marriage is filed after a Petition for Legal Separation and a Provisional Order or Decree of Legal Separation has not been entered, the Petition for Legal Separation is dismissed. In the event a legal separation is granted, it expires within one year of the entry of the Decree. The conditions in which the Court will grant a legal separation are as follows: conditions in or circumstances of the marriage make it currently intolerable for both parties to live together, the marriage should be maintained and neither party has filed a Petition or Counter-Petition for Dissolution of Marriage. Just like in a dissolution of marriage action, the parties have provisional or temporary relief available to them if requested.

Do parents of minor children have to go through parent training? If so, how much does it cost, and how long does it take?

In Indiana, each county determines whether or not there is a parent training class required. Most counties do require the parties who have minor children to go through training before a dissolution action will be finalized. The cost is estimated between $35.00 and $50.00 and the class lasts between four and eight hours.

Other issues in Indiana:

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