Fort Wayne, Indiana Divorce FAQs

What Are the Grounds for Divorce in Indiana?

Indiana law recognizes several grounds for dissolution of marriage, including:

• Irretrievable breakdown of the marriage
• Conviction of either spouse of a felony after the marriage
• Impotence existing at the time of the marriage
• Incurable insanity of either spouse lasting for at least two years

The most common basis for divorce is an irretrievable breakdown of the marriage. This generally allows a divorce to proceed without proving marital misconduct by either spouse.

A divorce may also require the parties to address financial matters, property, and other issues that must be resolved before the marriage can be legally dissolved.

How Long Do I Have to Live in Indiana Before Filing for Divorce in Fort Wayne?

Generally, at least one spouse must have lived in Indiana for at least six months immediately before filing for divorce. At least one spouse must also have lived in the county where the case is filed for at least three months immediately before filing.

For individuals filing in Allen County, these residency requirements must generally be satisfied before the divorce action can proceed there.

Where Do I File for Divorce in Fort Wayne, Indiana?

Divorce cases in Fort Wayne are filed through the Allen County court system. Documents are generally filed with the Allen County Clerk of the Courts, and dissolution matters are handled through the court’s family division.

The document that begins a divorce case is commonly called a Petition for Dissolution of Marriage. The spouse who files the petition is generally referred to as the petitioner, while the other spouse is the respondent.

What Is the Difference Between Divorce and Legal Separation in Indiana?

A divorce legally ends the marriage. A legal separation, on the other hand, allows spouses to remain legally married while living separately and seeking court orders concerning certain matters during the separation.

Legal separation may be appropriate in some circumstances when spouses are not ready or do not intend to legally end their marriage.

Can I Receive Spousal Maintenance After a Divorce in Indiana?

Indiana uses the term “spousal maintenance” rather than alimony. Maintenance is not automatically awarded in a divorce and is generally available only in certain circumstances established by Indiana law.

A court may consider maintenance when a spouse is incapacitated and unable to support themselves, when a spouse must care for a child whose incapacity substantially limits that spouse’s ability to work, or when rehabilitative maintenance may be appropriate based on factors such as education, employment history, earning capacity, and time spent outside the workforce.

Rehabilitative maintenance may generally be awarded for a limited period while a spouse obtains education or training necessary to seek appropriate employment. Temporary maintenance may also be addressed while a divorce remains pending.

How Is Property Divided in an Indiana Divorce?

Indiana generally begins with a presumption that an equal division of marital property is just and reasonable. However, a court may determine that a different division is appropriate based on the circumstances of the case.

Indiana generally takes a broad approach to property division. Property owned by either spouse before the marriage, property acquired during the marriage, and certain other assets may be considered when dividing the marital estate.

A spouse may present evidence showing why an equal division would not be fair. The court can consider factors established under Indiana law when determining how property should ultimately be divided.

How Are Parenting Responsibilities Handled During a Divorce in Indiana?

When a divorce involves children, the court may need to address how parental responsibilities will be handled after the spouses separate.

Indiana’s Parenting Time Guidelines are designed to promote frequent, meaningful, and continuing contact between children and their parents when appropriate. Parents may reach their own agreement concerning parenting arrangements, or the court may make decisions when an agreement cannot be reached.

The circumstances of each case can affect the parenting arrangement that is ultimately established.

How Is Financial Support Determined After a Divorce in Indiana?

Indiana uses statewide guidelines to calculate financial support for children. The calculation generally considers the weekly gross income of both parents, along with certain allowable adjustments and other factors addressed by the Indiana Child Support Guidelines.

Weekly gross income may include wages, salaries, commissions, bonuses, self-employment income, and other forms of income. Parenting time and certain expenses may also affect the final calculation.

Because the appropriate amount depends on the circumstances of the parents and children involved, the resulting obligation can vary from case to case.

Can I Change My Name During a Divorce in Indiana?

A spouse may request to have a former name restored as part of the divorce process. A name change may be included in the final divorce decree when granted by the court.

How Can a Prenuptial or Postnuptial Agreement Affect an Indiana Divorce?

A prenuptial or postnuptial agreement may affect how certain financial matters are addressed if a marriage ends.

A prenuptial agreement is entered into before marriage, while a postnuptial agreement is created after the marriage has taken place. Depending on the terms of the agreement and whether it is enforceable, it may address matters such as property rights, debts, business interests, and other financial issues.

Because the validity and effect of an agreement can depend on how it was prepared, executed, and applied to the circumstances of the divorce, it is important to review the specific agreement involved.