Indiana divorces require the petitioners to comply with local guidelines and laws. These laws state that all petitioners must fulfill the guidelines before filing a motion. The guidelines indicate that they must become a resident of the state for at least six months. An Attorney Kendallville in Indiana helps them identify the remaining guidelines and ensure they are achieved as directed.
What are the Grounds for Divorce?
The divorce grounds begin with an irretrievable breakdown. This is the most common choice among divorce petitioners. It doesn’t imply that either party was at fault directly.
The only fault based grounds allowed in Indiana are felony criminal convictions, insanity, and impotence. The conviction and insanity grounds must exceed two years. However, grounds based on impotence must show that the husband was impotent when the marriage began.
Securing Evidence to Support the Grounds
Fault-based grounds require the petitioner to secure evidence. A criminal ruling that shows a prison sentence that exceeds two years can be used in divorce cases. A medical facility in which a spouse was admitted two years prior to filing a divorce motion supports this claim. For impotence as the divorce grounds, the wife must acquire medical records that show the impotence began prior to the marriage.
Building a Case for a Divorce Trial
If the couple cannot agree to the terms of the divorce, mediation is initiated. If these efforts fail, the court schedules a divorce trial. The petitioner must acquire evidence that supports their chosen grounds for this trial. The judge evaluates the evidence presented. However, if the defendant can prove these grounds as invalid, the court may side with them for certain conditions of the divorce. For example, they could acquire more marital property based on false allegations.
Indiana divorce cases require a full agreement between both parties. If the parties cannot agree, the divorce is contested. This could lead to a longer duration before the case is final. For petitioners who want to avoid a trial, they should exhaust all efforts to achieve an uncontested divorce. Petitioners who need to hire an Attorney Kendallville in Indiana should contact Grimm & Grimm or Click Here for further details.
