Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
The duration of payments is determined by a judge in Indiana family court. Alimony length is usually based on length of marriage - one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).
Does Indiana grant divorces based on marital fault? However, Indiana is a no-fault state, meaning the court will also grant the parties a divorce on the grounds that there has been an irretrievable breakdown of the marriage, i.e. neither party is at fault.
Debts are lumped with assets as part of a couple's marital property, and thus, must be divided as part of the divorce. Indiana is an equitable division State, meaning marital property is divided according to what is fair, which may or may not be equal.
Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this.
Spousal maintenance is maintenance that is paid by a husband or a wife to their former spouse following a divorce. Spousal maintenance ends if the recipient remarries or if either party dies. It may be varied or dismissed by the courts on a change in circumstances.
If your wife is adamant in troubling you the option is to initiate procedure from your side. You can file a divorce on ground of cruelty after one year of your marriage. You said your marriage is one year over,so you should file and independent petition against her in the Court.
You can divorce your spouse even if you can't find him/her and even without their participation in the divorce proceeding, so long as a Judge is satisfied that your spouse had notice of the divorce proceeding. When your spouse is M.I.A., notice by publication may be your best option.
As part of the divorce judgment, the court will divide the couple's debts and assets. The court will indicate which party is responsible for paying which bills while dividing property and money. Generally, the court tries to divide assets and debts equally; however, they can also be used to balance one another.