Dissolution of Marriage
Dissolution of Marriage
Divorcing a spouse can be an emotionally taxing process for all parties involved. Questions regarding marital assets, child custody, retirement accounts, and in some cases spousal maintenance are common issues that arise during the course of a pending dissolution. Should you wish to pursue dissolution, our attorneys are here to help.
Legal grounds for a dissolution of marriage
Indiana Code 31-15-2-3 lists the grounds for dissolution, these include:
(1) Irretrievable breakdown of the marriage
(2) The conviction of either of the parties, subsequent to the marriage, of a felony
(3) Impotence, existing at the time of the marriage
(4) Incurable insanity of either party for a period of two (2) years
The primary grounds for the dissolution of marriage is the “irretrievable breakdown of the marriage.”
Marital Property
Whether a property interest is subject to division by the court in a dissolution action depends on whether or not the property is subject to the “martial pot” or excluded by a valid premarital agreement. Indiana follows what is known as the “one pot” theory of marital property. This means that all property acquired during the marriage and all property brought into the marriage not excluded by a valid premarital agreement is subject to distribution by the court. In Indiana, the law presumes a 50/50 split of the marital assets, however, this is a rebuttable presumption. A court will examine whether or not the distribution of the martial assets is just and reasonable. Considerations include: the contribution of each spouse to the acquisition of the property, the extent to which the property was acquired, the economic circumstances of each spouse, the conduct of the parties during the marriage, and the earning ability of the parties involved.
Spousal Maintenance
The State of Indiana does not award alimony, however, Indiana does have a statute for spousal maintenance. This maintenance can typically only be awarded up to three (3) years pending a final dissolution. In certain circumstances, temporary spousal maintenance may be awarded while a dissolution is pending. Spousal maintenance may be awarded if a spouse is physically or mentally incapacitated and his or her ability to care and support themselves is materially affected. Maintenance may also be awarded if a spouse is the custodian of a child whose physical or mental incapacity requires the spouse to forego employment and care for the incapacitated child. Maintenance may be awarded in these circumstances by a court in an amount a court believes is appropriate.