Picking the certain ground for divorce is among the primary steps of the dissolution procedure. The ground specifies the kind of particular divorce along with its length, expense, and various other peculiarities. In general, there are two kinds of grounds for divorce – fault and no-fault ones. Fault grounds are rooted in the earliest years of US history. Such typical nowadays separation causes like adultery, alcohol or drug abuse, cruel treatment or desertion were qualified as appropriate premises for divorce since 18 century (although, dissolution of the marital relationship still was not available for every person who wants). So, the main point was that the marital relationship is sacred, and no one can dissolve it without appropriate grounds and also providing solid evidence. Over time, the divorce gradually came to be much more accessible for individuals from various backgrounds, however, till the 1970s, one of the partners still needed to blame the other for the breakdown of the marriage in order to get an official separation.
It was then that a no-fault law was adopted for the very first time in the U.S.A. No-fault dissolution has actually permitted ending the marital relationship without mentioning the guilty party, without confirming the partner’s misconduct on trial, and without a public showdown. The support of no-fault divorce regulation increased swiftly, and soon all the U.S. states acknowledged a no-fault divorce law.
Nonetheless, different American states have various approaches to no-fault divorce. Some states came to be “purely no-fault,” implying that irretrievable breakdown of the marital relationship (the wording might differ, yet the sense is that) is the only legitimate ground for dissolution, while other territories simply included the no-fault causes to the previously legislated fault-based reasons. Some states require the obligatory separation prior to filing for no-fault divorce, while some do not. In the majority of states, no-fault divorce means that you can end the marital relationship without the partner’s consent; however, there are some exceptions as well.
Indiana no-fault divorce law has its peculiarities too, so let’s sort them out more thoroughly.
Indiana law identifies both fault and no-fault grounds for dissolution of the marriage, so Indiana is a “no-fault” but not “purely no-fault” state.
Among the fault grounds for divorce are the felony sentence of either partner, impotence, and incurable insanity of either party for a duration of a minimum of two years. The only no-fault ground is called “Irretrievable breakdown of the marriage.” Fault-based grounds do not always point out the partner’s misbehavior; they likewise may indicate any kind of circumstances that need evidence (for example, incurable insanity). So, in the state of Indiana, the divorcing spouses are qualified to choose the ground of their dissolution at their discretion. Nobody is required to file for divorce due to the at-fault ground even if there are relevant conditions.
Nowadays, the bulk of divorces in the Hoosier State are no-fault ones. Individuals are less likely to use at-fault grounds, even if they are intended to contest their dissolution lawsuit. In the majority of contested separations (which, by the way, are likewise not preferred as well) the partners have litigation over child-related topics or property distribution, not over the causes of a marriage failure. The thing is that modern-day legislation does not offer a great deal of advantages for a complainant who sues their partner. Such points as the child or spousal support are normally determined by the court separately of the grounds for divorce. They are not the tool to punish the one and to favor the other partner. It can be claimed that all the modern judicial system is aimed to encourage no-fault uncontested separations without long-drawn litigations. The marriage is considered as a union of two equal parties, so it cannot exist if at least one of the partners wishes to call it quits. Divorce becomes a much more straightforward procedure.
As a result, Indiana no-fault divorce implies that either partner is eligible to seek a divorce or the other party cannot stop the procedure. No permission is required. If the second spouse does not consent to call it quits, the divorce case might be much longer or more challenging, but it takes place anyway.
The major actions you should take are the same both for divorce with- or without agreement. Simply one spouse needs to testify the fact that the marital relationship cannot be fixed, and this party (the complainant or petitioner) must file the Petition for Dissolution of Marriage and various other required documents with the court.
However, if there is common consent to obtain a divorce, the entire process is far more comfortable. The no-fault divorce by mutual consent provides an opportunity to arrange an uncontested divorce, which, in its turn, allows to save a lot of money and time.
A no-fault, uncontested divorce may take minimal time. Although Indiana has a compulsory 60-days waiting period between filing for divorce and possible final hearing, you can avoid all the other delays if you and your spouse are willing to resolve all the debatable issues in advance and out-of-court. And the other way around. A fault-based disputed divorce case might last as long as the partners have the strength to fight as well as money to pay the lawyers.
So, financial advantage is one more plus of no-fault divorce in Indiana.
Contested divorce hardly ever goes without legal representatives, and the average lawyer’s cost in Indiana starts with $200 per hour. At the same time, if the partners consent to develop their settlement arrangement or parenting plan independently, they can complete all the forms on their own and represent themselves before the court saving a lot of money. Originally, no-fault dissolution is not too costly in Indiana. The underlying court filing fee is between $130 and $200 relying on the county. Some additional expenses may include divorce mediation or arbitration, prep work of divorce forms online (online divorce), or different other alternatives the couple can use to ease the dissolution procedure. Anyhow, all these solutions are more affordable than contesting the lawsuit under the attorney’s guidance.
Getting a divorce in Indiana is much easier than it was just a couple of decades ago. No-fault divorce permits separating in a civilized way, without any mutual blaming as well as countless court battles. The state laws welcome this, offering the relevant conditions to make a no-fault divorce much more comfortable and simple for participants.
Some conservative minds still oppose the no-fault regulation, as supposedly, “an easy divorce does not motivate the spouses to attempt to keep their marital relationship.” Nevertheless, regardless of this fact, no-fault divorces are gaining popularity. Wherein, the overall divorce rate in Indiana (and throughout the United States) stays relatively stable despite the quantity and shares of no-fault and at-fault dissolution cases.