FAQ
What are the grounds for divorce in Indiana?
1) You must be a resident of Indiana for at least six (6) months. 2) You must wait at least sixty (60) after filing the petition for dissolution of marriage. 3) There must be a irretrievable breakdown of marriage with no hope of reconciliation.
Does Indiana grant divorces based on marital fault?
Indiana is a "no-fault" state, so neither party has to prove marital fautlh in order to obtain the divorce.
Can I change my name a the time of divorce?
Indiana allows a spouse, in conjunction with a divorce, to take a name other than the current spouse's name.
Can I get an annulment?
Generally the answer to this question is no. Annulments are available only in limited circumstances in Indiana.
Where do I file my divorce?
You file your divorce in the Indiana county where you have resided for at least three (3) months.
How long do I have to wait before I can get divorce?
You must wait at least sixty (60) days after filing for divorce before the court can dissolve your marriage.
If attempts to serve my spouse by certified mail and/or by sheriff does not work for the divorce, what is my next step?
A final, alternative method, is service by publication in the local newspaper.
What if my spouse does not want the divorce?
You can get the divorce whether or not your spouse wants to be divorced.
How long do I have to live in Indiana to obtain a divorce?
Either you or your spouse must have resided in Indiana for at least six (6) months immediately preceding the filing of the petition for dissolution.
How and where is a petition for dissolution of marriage filed?
The petition is filed in either Circuit or Superior Court in the county in which either you or your spouse has resided for at least three (3) months.
How is my divorce granted? Will I have to go to court?
It is not necessary that you go to court. If you and your spouse have entered into a settlement agreement, then the agreement is submitted to the court for approval. If there is no written agreement, then you and your spouse must attend what is called a final hearing at which time the court will hear evidence and testimony before granting your divorce.
Can a couple become legally married by living together as man and wife under Indiana laws (common law marriage)?
No.
At what point during the divorce process can a spouse remarry?
Only after the court grants the divorce and enters a Decree of Dissolution of Marriage, can a spouse remarry.
How is marital property defined?
Marital property is defined as all of the property (houses, cars, stocks, cash, etc.) which you and your spouse have purchased or obtained during your marriage.
How is marital property divided?
Indiana law requires the court to divide the marital property in just and fair proportions. In most cases, this will mean equally (50/50).
What is non-marital property?
Indiana presumes that all the property that a married couple own is their "marital property," that is, both own the property. It does not matter who owns legal title. But the court will allow you or spouse to attempt to overcome this presumption. Examples of non-marital property include cars, boats, motorcyles, houses, real estate, bank accounts, investments and businesses owned by you or in which you had an interest before your marriage. The court must assign non-marital property before preceeding with the balance of the divorce case.
How does the court determine the value of marital property?
Most property (real estate, bank accounts, investments, pensions, automobiles, etc.) will be easily valued. For example, the real estate will be appraised. Nevertheless, for all property the court must use fair market value, or what a willing buyer would give a willing seller. When it comes to personal property, It is very close to the value at an auction or yard sale. If the parties cannot agree on the value of personal property, then the court may order an appraisal or auction.
After my divorce, is money I received as the result of property distribution or settlement taxable?
Generally speaking money received as part of the equitable distribution of property incident to a divorce is not taxable.
How are qualified plans, such as pension plans, profit-sharing plans and 401(k) plans, distributed? What is a QDRO?
In order to effectively divide a qualified plan - including pension plans, profit-sharing plans and 401(k) plans - a Qualified Domestic Relations Order (QDRO) must be entered by the Court. It is not sufficient for your separation agreement or divorce decree to state that you are entitlted to a portion of your spouse's retirement. The administrator of the plan will not pay your share to you without a QDRO which is signed by a judge. Normally, a QDRO is not needed to divide a non-qualified plan such as an individual retirement account or an annuity. The QDRO provides a safeguard for the ex-spouse receiving a share of the pension in that it prevents the employee from disposing of the other spouse's share. It also ensures that each spouse receiving a portion of the pension or retirement becomes responsible for his or her individual share of the income taxes due on that money.
Can pensions and retirements be divided in the divorce?
Yes. Indiana considers vested pensions or retirements as a marital asset subject to distribution in the divorce.
What are the tax implications when distributing a pension or retirement account?
If the distribution is made pursuant to a QDRO, there are no tax implications. The money is merely shifted from one spouse to another. However, if the spouse withdraws the money then he or she will be taxed and penalized per IRS regulations.
Is fault used in dividing marital property?
Fault is not relevant unless marital misconduct has had an economic impact on the marital estate. For example, if a spouse has spent marital assets on a boy or girlfriend, then the court may consider those acts.
