People contemplating divorce may find themselves disagreeing with their spouses about many things. They have likely had a protracted and significant breakdown of their relationship. They may not even agree on whether their marriage is salvageable or not.
People who want to change their circumstances by ending a marriage might question whether they can convince their spouses to agree with them. Differences in values or religious beliefs may lead to uncertainty about whether a spouse may cooperate with the divorce process.
Some people feel very anxious about the prospect of remaining trapped in a marriage if they cannot convince their spouse to agree to a divorce. Do both spouses need to agree for a divorce to occur in Indiana?
Either spouse can choose to file
Both people must consent to marriage for the union to be lawful. However, either spouse could change their mind about the marriage at any point. Under no-fault rules, either spouse could file paperwork asserting that there has been an irretrievable breakdown of the marriage that makes divorce necessary.
If there is evidence of qualifying circumstances, people can also potentially pursue a fault-based divorce. Indiana recognizes divorce requests based on claims of felony convictions during marriage, impotence at the time of marriage and incurable insanity, as well as no-fault divorces.
There is nothing to prove in a no-fault divorce case, and there is usually clear evidence for any of the three other grounds. Even if one spouse prefers to stay married, the other can move forward with the divorce process despite the disagreement.
Cooperating can improve the process
While either spouse can pursue divorce without the cooperation or consent of the other, working together often leads to the best divorce outcomes. If spouses can agree that divorce is necessary, they can also work to set their own terms. They can decide how to divide their property and how they intend to share their parental rights and responsibilities. They can then ask the courts to approve an uncontested divorce filing.
Uncontested divorces are generally faster and less contentious. They also grant spouses privacy, along with more control over the outcome of the process. There are a variety of different ways to approach the divorce process depending on marital circumstances and the priorities of the spouses.
Those anticipating conflict regarding their divorce may need assistance as they file paperwork with the courts and begin developing their legal case. Learning about the basics of Indiana divorce laws can help people move on from unsatisfying relationships.