Dissolution of Marriage

Aside from the death of a spouse, there are only two ways to dissolve a marriage: divorce and annulment. Indiana is a “no-fault” divorce state, meaning that a marriage may be dissolved even if the spouse seeking a divorce does not establish any reasons or assign any blame for the breakup of the marriage. In order to file a petition for dissolution of marriage in Indiana, one spouses must be a resident of Indiana for at least six months prior to filing and must be a resident of the county where the petition is filed for at least 90 days. Indiana requires a waiting period of 60 days after filing a petition of dissolution before a divorce can be finalized. If the divorce is uncontested – meaning that both spouses agree on all of the terms of the divorce – then the divorce may be granted immediately after the waiting period expires. In contested divorce cases, however, where both spouses agree on few, if any, terms of the divorce, the process can take months or even years. Hiring an experienced Indiana divorce attorney to negotiate for your interests can go a long way to avoiding unnecessary conflict with your spouse and streamlining the legal process of divorce.

In a dissolution of marriage, the “terms” that may be subject to dispute are almost limitless, and may include:

• Child custody

• Child support

• Parenting time (visitation) schedule

• Division of marital property

• Spousal support (alimony)

• Guardianship/conservatorship of children

All of the contested terms must be negotiated until both parties can reach an agreement that they find satisfactory. Understandably, this can be an arduous and emotionally draining process. The good news is that even the most contested divorces can be settled outside of the courtroom. A skilled family law attorney can help keep the conflict to a minimum and negotiate a dissolution of marriage settlement that is in your (and your children's) best interests.

Annulment

Unlike a divorce, which acknowledges that a marriage existed and dissolves the marriage, an annulment is a legal way of nullifying the marriage altogether. In other words, an annulment makes it is as if the marriage never existed. Annulments are typically granted in cases of fraud, in which one spouse failed to disclose material information – the existence of a previous marriage, for example – to the other. An annulment will also be granted in cases where the marriage was void to begin with because one of the substantive requirements for a valid marriage was not met.

Call 812.238.2121 to Learn More About Dissolution of Marriage Cases in Indiana.

If you are going through a divorce, you should seek the advice of an experienced family law attorney to protect your rights during this difficult time. For the past 25 years, Eric Abel has devoted his practice to dissolution of marriage and child custody cases. The Abel Law Firm provides aggressive, compassionate representation in all family law matters. To discuss your case with an experienced Indiana family law attorney, call 812.238.2121 today OR contact us online.