Statutory Reference to Indiana Code Annotated: 

Divorce: § 31-15-2-6

Alimony: § 31-15-7-2

Property Distribution: § 31-15-7-4

Custody: § 31-17-2-8 et seq.

Visitation: § 31-17-5-1 et seq.

Child Support: Indiana Rules of Court, Child Support Rules and Guidelines

 

Residence:

The complainant must live in the state for six months, and for three months in the county where the petition is filed.

 

Grounds:           

Divorce may be had on an irretrievable breakdown of the marriage.  Fault grounds include conviction of a felony, impotency existing at the time of the marriage, and incurable insanity for three years.

 

Distribution of Property:

Equitable distribution of all property, i.e., property acquired before and during the marriage.  Division shall be in a just and reasonable manner, and there is a presumption that equal division is just and reasonable.  The presumption may be overcome by relevant evidence, including evidence concerning the following factors: (1) contribution toward the acquisition of property; (2) the extent to which property was acquired by each spouse before the marriage or by inheritance or gift; (3) the economic circumstances of the parties at the time of property disposition; (4) the conduct of the parties during the marriage as related to their property; (5) the earnings and earning ability of each party. 

 

Alimony/Spousal Support:

Rehabilitative alimony may be granted if necessary, but not to exceed three years.  The court may order permanent periodic maintenance if a spouse is physically or mentally incapacitated to such a degree that it impairs the ability of the incapacitated spouse to support him/herself, or where a spouse lacks sufficient property to provide for his/her needs and he/she is the custodial or a child whose incapacity requires the guardian to forego employment.

 

Child Custody/Visitation:

There is no presumption favoring either parent.  Joint custody may be awarded if it is in the child's best interests.  The relevant factors for determining custody are the parents' and child's wishes, the interaction and relationship of the child with any person who may significantly affect his or her best interests; the mental and physical health of all individuals involved, and a pattern of domestic violence.

 

Child Support:

Child Support Guidelines are set out in the Indiana Rules of Court.  The guidelines are based on the income shares model, based on gross income.  Support may include sums necessary for a child's education, including post-majority education.