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Highlighting Indiana’s grounds for divorce

Divorce has become an ever more common occurrence in both Indianapolis and throughout the rest of the U.S. Indeed, statistics show that nearly 40 percent of marriages end in such action. In fact, data shared by the Centers for Disease Control and Prevention show that there were 813,862 divorces in the U.S. in 2014 alone. Yet one might assume that not every participant in each of those cases wanted his or her marriage to end that way. If one’s partner wants to dissolve his or her marriage, however, what is he or she to do?

Some may believe that people do not need a valid reason in order to seek a divorce. That assumption, however, may not be entirely true. Indiana state law actually requires that a couple have grounds for divorce before the dissolution of a marriage will be granted. These reasons can be found in Section 31-15-2-3 if the state’s code detailing family and juvenile law. They are:

  •          The irretrievable breakdown of a marriage
  •          Either one of the parties being convicted of a felony subsequent to being married
  •          One being found to be impotent at the time of the marriage
  •          One suffering from incurable insanity for a period of at least two years

Many often use the terms “fault” and “no fault” to describe a divorce. The breakdown of a marriage describes a no fault divorce. One objecting to such an action may be viewed as simply another sign indicating the poor state of the union. However, if one is accused of being at fault in a divorce, he or she may challenge such an assertion, which could keep the court approving the petition.  

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Robert Schembs
22 E. Washington Street
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Indianapolis, IN 46204

Phone: 317-643-6266
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