It’s common at the beginning of the divorce process to be anxious about protecting your property or being taken advantage of, asking, “How long do you have to be married in Indiana to get half of everything?” You may find relief in retaining the knowledgeable counsel of Indianapolis divorce lawyers who have extensive experience handling family law matters, including divorces with spouses from varying backgrounds and under numerous circumstances.

Divorce Laws in Indiana

Indiana offers no-fault divorce and divorce on fault-based grounds. For either approach, at least one of the spouses must have resided in Indiana for a period of at least six months at the time of filing a petition for divorce.

A no-fault divorce is based on irreconcilable differences between spouses that lead to the irreparable breakdown of their marriage; there’s no requirement to state a specific reason or provide evidence for why the divorce should be approved.

Fault-based grounds for divorce include when either spouse is convicted of a felony during the marriage, either person was impotent at the start of or during the marriage, and when one of the spouses was incurably insane for a period of two years or more. The alleged fault must be proven with evidence. If the spouse’s wrongdoing is proven, the divorce will be granted.

Property Division Amongst Divorce Proceedings in Indiana

Once a divorce case has been approved, the proceedings will move forward to address how matters related to the dissolved marriage will be conducted in the future, such as child custody and support payments, spousal maintenance, and the division or distribution of property.

Indiana law only specifies that the division of property should result in both spouses acquiring an equitable net value of property and assets. This means that it is largely at the judge’s discretion in what manner the dividing or allocating of properties will be conducted.

It is possible for spouses in agreement to come up with their own property division arrangement through mediation or collaborative law with the help of a family law professional, but it must be presented to and approved by a judge in order for the agreement to go into effect. Otherwise, any unsettled property concerns are up to the judge to settle after reviewing the details of the spouses’ assets and hearing their respective goals and arguments on what they think is fair.

Length of Marriage Influencing Property Division

There are no Indiana laws that refer to a specific number of years in a marriage as allowing both spouses to obtain half of all assets. The state mandates that each person be awarded an equitable half of property; this means the division of property may not be exactly 50/50, but it is the judge’s intent to allot assets as close to equal as possible.

While the length of the marriage has no direct bearing on how much either spouse can get or which properties they are entitled to a portion of, it is likely the judge will take how long the spouses were married into consideration.

The judge will take marriage length into account, among other factors, largely because it explains the simplicity or complexity of the marriage (and divorce). For example, a judge will probably handle property division for a couple who was only married for three years compared to a couple divorcing after 20 years very differently.

The couple who was married for a few years might not have any children, which simplifies the distribution of property, such as the family home, and the spouses are also likely to have little assets to divide in general. In comparison, the couple separating after decades together will likely require more care and time to effectively divide the property between them.

FAQs

Q: Is a Wife Entitled to Half of Everything in Indiana?

A: Both spouses are entitled to an equitable half of their property. This means that judges, in accordance with guidelines under Indiana law, are tasked with distributing assets fairly between spouses so that they both end up with a net property value as close to equal as possible. This does not mean each asset will be split 50/50 but instead, it’s at the judge’s discretion to take whatever measures in order to award each party properties that amount to equitable halves.

Q: How Are Things Split in a Divorce in Indiana?

A: In Indiana, properties may be split through various different methods. It is up to the judge to determine the fairest approach to distributing the spouses’ assets; this may include ordering the spouses to sell a property and split the profit, awarding the entirety of one property to a spouse, and compensating the other with different assets or a percentage of their spouse’s retirement fund, etc.

Q: How Long Do You Have to Be Married to Get Alimony in Indiana?

A: How long a couple was married has no bearing on a spouse’s ability to qualify or be awarded alimony, or spousal maintenance. If the spouse requesting financial support is mentally/ physically incapacitated, or the couple’s child is, the judge is very likely to grant spousal maintenance for as long as the incapacitation lasts.

A judge may also award alimony to the requesting spouse if they’re deemed eligible after reviewing each spouse’s income and ability to earn wages, among other factors.

Q: Who Gets the House in an Indiana Divorce?

A: No Indiana statutes specify which spouse is to be awarded the family house or any specific property. It is ultimately up to the judge to decide. If there is a child custody arrangement, it’s likely the custodial parent will be granted the residence. The judge will also consider how much each spouse contributed to payments on the house, each person’s income, or other duties within the marriage, among other factors.

Professional Legal Help for Property Division and Other Divorce Matters

Experienced and compassionate family lawyers at Stange Law Firm understand how challenging and stressful the divorce process can be. We’re here to help you manage all the moving parts and alleviate your anxieties on legal issues. Schedule a consultation.