USA – INDIANA Law and Practice Contributed by: Andrew Z. Soshnick, Faegre Drinker Biddle & Reath LLP
1. Divorce 1.1 Grounds, Timeline, Service and Process Grounds The grounds for divorce in Indiana for both opposite and same-sex marriages are: irretrievable breakdown of the marriage, conviction of a felony after marriage, impotence if it existed at the time of the marriage, and incurable insanity of a party for at least two years (Indiana Code, Section 31-15-2-3). Indiana does not recognise common law marriages entered into after 1 January 1958 (see Indiana Code, Section 31-11-8-5). Process and Service The divorce process begins with the filing of a petition for dissolution of marriage (see Indiana Code, Section 31-15-2-5) and, by statute, cannot end a marriage by approving a settlement agreement or conducting a final hearing less than 60 days after the filing of that petition or a petition for legal separation that was con ‑ verted to a divorce petition (see Indiana Code, Section 31-15-2-10). There is no pre-filing or other period of required separation. A party may, but is not required to, respond to a petition for dissolution of marriage or for legal separation (Indiana Code, Section 31-15- 2-8). Courts can enter provisional orders governing matters during the pendency of a divorce case (Indi ‑ ana Code, Section 31-15-4-1 et seq). If parties reach an agreement, courts may dissolve a marriage with ‑ out conducting a final hearing (Indiana Code, Section 31-15-2-13). Additionally, if parties resolve some, but not all, issues, they may submit the resolved issues for approval by summary disposition order (Indiana Code, Section 31-15-2-14). Indiana Code, Section 31-15-2-8 and the Indiana Rules of Trial Procedure govern service and provide for certified mail, personal process server, or waiver of formal service of process. See Indiana Trial Rules 4
Void and Voidable Marriages Indiana has statutory provisions for void marriages – ie, marriages that were never valid because, for exam ‑ ple, one of the spouses was married at the date of the new marriage, the marriage was to a close relative, or one of the spouses was incompetent (see Indiana Code, Section 31-11-8-0.3 et seq). Indiana also has statutory provisions for voidable marriages – ie, a valid marriage that has grounds to be voided, such as inca ‑ pacity to marry because of age or mental incompe ‑ tence or fraud (see Indiana Code, Section 31-11-9-1 et seq). A void marriage can be declared as having never occurred upon a proper showing. For a court to order a void marriage, a petition for voidable marriage must be filed and requisite statutory proof provided. 1.2 Choice of Jurisdiction in Divorce Proceedings One party must be a resident of a county (or stationed at a US military installation within the county) in the State of Indiana for three consecutive months and of the State of Indiana for six consecutive months for subject-matter jurisdiction over a divorce (Indiana Code, Section 31-15-2-6). There also must be per ‑ sonal jurisdiction over the responding party (see Indi ‑ ana Trial Rule 4.4 (A)). Domicile is the place where a party resides or intends to return from a temporary absence to reside. Resi ‑ dence is where a party physically lives. Nationality (the place of origin of a person) generally is addressed by residency and domicile and does not often become relevant. Contesting Jurisdiction and Staying Proceedings A party to divorce proceedings may contest jurisdic ‑ tion for lack of subject-matter jurisdiction or personal jurisdiction, but not simply to stop a divorce from occurring. A party may obtain a divorce without stat ‑ ing a fault ground. A party may request a stay of proceedings to pursue divorce proceedings in a foreign jurisdiction if there is a lack of subject matter or personal jurisdiction or a lack of jurisdiction over property or children’s issues. Also, a divorce proceeding may be stayed under cer ‑ tain circumstances if there is a bankruptcy proceeding
(and subparts) and 5. Religious Marriages
Religious marriages and divorces, if viewed as legiti ‑ mate under Indiana law, are generally given full faith and credit.
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