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Do I Need to Have a Reason to Divorce in Indiana?

While divorce is never easy, you are certainly not the first person to go through one. According to data from the National Vital Statistics System, approximately 750,000 couples get divorced nationwide each year. Marriages end for many reasons—from infidelity to differences about lifestyles to a couple simply growing apart over time. 

This raises an important question: Do you need a reason to get a divorce in Indiana? The short answer is ‘no.’ As Indiana is a no-fault divorce jurisdiction, you do not need a specific reason to get divorced. Here, our Indianapolis divorce lawyer provides a more comprehensive explanation of the most important things that you should know about Indiana’s no-fault divorce standard

Indiana is a No-Fault Divorce State: Irretrievable Breakdown

The overwhelming majority of divorcing couples in Indiana opt to separate on no-fault grounds. In effect, this means that they are ending their marriage without asking the court to assign any blame. You do not need to cite a specific reason why you and your spouse are ending your marriage in Indiana. Instead, you merely need to attest to the fact that there has been an “irretrievable breakdown” in your marriage (IN Code § 31-15-2-3). You are not required to delve into the specifics. As long as one spouse states that there has been an irretrievable breakdown in the marriage, then that is sufficient to get a divorce in Indiana. 

You Can Get a Fault-Based Divorce in Indiana

Indiana does also allow for a fault-based divorce. Though less common, some people in the state still opt for a fault-based divorce. Beyond separating on the grounds of irretrievable breakdown in the marriage, you could also file for divorce on any of the following three fault-based grounds: 

  • One spouse was convicted of a felony after the start of the marriage; 
  • One spouse is impotent, existing at the time of the marriage; or
  • One spouse has been incurable and insane for at least two years. 

Unlike in some other states that have retained a partial fault-based divorce standard, marital infidelity (adultery) is not grounds for divorce in Indiana. If you are getting divorced because of marital infidelity, you should still get divorced on no-fault grounds. 

Call Our Indiana Divorce Attorney for Help With Your Case

At López Law Office, our Indiana divorce lawyers have the professional skills and legal experience that you can rely on during difficult times. Contact us now for a confidential, no-obligation review and evaluation of your case. With a legal office in Indianapolis, we serve communities throughout all of Central Indiana, including in Carmel, Greenwood, Noblesville, Fishers, and Zionsville. 

Vanessa López Aguilera

Attorney Vanessa López Aguilera represents clients in the Indianapolis Metropolitan Area

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