Legal Question in Family Law in Indiana

Jurisdiction and property

The residence requirements for Indiana are as follows:One of the parties must be a resident of the State of Indiana for at least 6 months and a resident of the county for at least 3 months prior to file of the petition for dissolution of marriage.If you have lived here the required amount of time and your wife has never lived here the State of Indiana would have jurisdiction over the marriage and could grant a divorce but might not have jurisdiction over the incidents of marriage such as who gets custody of minor children or how property is distributed between the parties .. who pays support etc.

Indiana is a no fault state and all that is required is that the person filing a petition allege that there has been an irretrievable breakdown of the marriage.

Indiana is not a comminity property state. There is a presumption of a 50-50 slit of the assets of the marriage but that presumption can be rebutted and the code sets out specific items that the court may consider in making a division of property.

There is a mandantory 60 day wiating period before a divorce may be granted. The period runs from the date of filing the petition for dissolution of marriage or if the other party is served by publication because there whereabouts is unknown, from the date of the first publication.Marv