When your marriage just isn’t working out, you just want out. Things went sour, and you’ll need to separate from your partner. But, you might be concerned about fault. Does it matter? How does fault affect your divorce?
When you’re preparing for a divorce, you’ll need to know what to expect and how you’ll need to file. While Indiana does have a “no-fault” reason for divorce, you might have a reason for your divorce that will help you.
You’re not required to give a specific reason for your divorce. If you choose to, however, it can benefit you and leave you prepared for your divorce.
Getting a “No-Fault” Divorce
Most states have no-fault laws surrounding divorce, which means you don’t have to get specific about why you’re getting a divorce. By listing an “irretrievable breakdown of marriage,” you can simply avoid listing anything else.
Indiana, however, is not a purely no-fault state. While you might choose to not list fault in your case, there are other reasons for a divorce that could be listed. Indiana is one of few states without adultery as an option, but if your partner has experienced one of the following situations:
- Incurable insanity for at least two years
- Felony conviction
When Fault Matters
If you don’t have to list fault in your case, however, why should you list it at all? While most Indiana divorces are no-fault divorces, it might help you in the proceedings to list the reason for your divorce. You might end up with a more favorable split of your assets.
For example, your spouse might have committed a felony that left you feeling unsafe and afraid. You might list their crimes to prove they’re a danger to your health and safety, especially if you have a child. This could give you a better chance to get a larger share when they split your property for the divorce proceedings.
If you’re seeking an amicable divorce that you and your spouse agreed on, and you don’t fit under one of the above categories, you might not need to include fault for your divorce. If you’re concerned about what you’ve lost or suffered through, however, it can make a difference for your life.
Getting Help During Divorce Proceedings
Unfortunately, divorces can be complex, even if you and your partner are parting on good terms. You want to make sure you’re being reasonably compensated, and you might need to use Indiana’s fault laws to protect what you should receive.
Finding the best divorce lawyer can be tough, but having the right attorney on your side can be invaluable. You’ll need someone who will guarantee you get the help you need during your divorce.