People who are in the process of getting married often have limited information about divorce. Spouses generally don’t start their marriages with the intention of them ending in divorce. People tend to only learn about the laws that apply during divorce out of necessity. In other words, spouses considering divorce have to learn the basics while trying to make very difficult decisions.
Issues ranging from constant conflict to substance abuse or infidelity might leave one spouse strongly considering divorce. They may be uncertain about the rules that apply. Every state has slightly different laws regarding when people can divorce and what the process involves.
In most scenarios, the spouse filing for divorce must submit a petition to the courts. Most people hire an attorney to handle that process on their behalf. The petition used to begin the divorce process must identify the grounds for the divorce. What are the legal grounds or justifications accepted by the Indiana family courts when people want to divorce?
Most spouses seek no-fault divorces
A divorce based on specific grounds or fault can quickly become contentious. Spouses who are potentially at fault may try to deny their responsibility. Many people prefer to initiate no-fault divorces. They assert that there has been an irretrievable breakdown of the marriage and that divorce is the only option available to them.
It is generally not possible to prove or disprove such claims. The no-fault divorce process focuses primarily on handling the specific terms for financial matters and parental responsibilities. Occasionally, people decide they prefer to pursue a divorce based on different grounds.
There are only three other grounds for divorce currently recognized in Indiana. One spouse can file for divorce in response to the other’s felony conviction. If they discover that their spouse is impotent and was likely impotent at the time of marriage, that can be grounds for divorce as well. If one spouse develops incurable insanity that lasts for two years or longer, that can also be grounds for a divorce.
Discussing the state of a marriage can help people determine what grounds for divorce may work in their case. Spouses who do not meet the restrictive terms required for a fault-based divorce may decide to move forward with a no-fault divorce instead. In either scenario, they will likely need help learning about state law and handling paperwork throughout their divorce process. People with the right help may make better informed choices when approaching divorce.