Ending a marriage is a major life change that often brings up worries about your money and your time with your children. You might hear stories from friends or see dramatic legal battles on TV that do not match how things really work in Indiana. Knowing the simple facts of the law can help you feel more in control as you move forward.
Indiana law provides four specific reasons, or grounds, for a divorce. While most people file for an irretrievable breakdown of the marriage, the law also includes felony convictions, impotence and incurable insanity. Since most cases follow the no-fault path, the process usually focuses on a fair split rather than assigning blame. Here are three common misconceptions about divorce that often confuse people in Indiana.
Misconception: Everything is always split 50/50
Many people think the court will take everything you own and divide it exactly in half. While Indiana judges usually start by looking at a 50/50 split, they actually want the final result to be equitable. A judge might decide that a different split is fairer after looking at:
- The financial situation of each person
- What each person did to help the family, such as staying home to raise children
- The conduct of each person during the entire marriage regarding the wasting or giving away of property
This means the court looks at the big picture of your life to decide what a fair outcome looks like for you.
Misconception: Custody always favors the mother
A common myth is that Indiana law automatically favors the mother when deciding where the children will live. However, Indiana law does not pick a favorite parent based on gender. Instead, the court looks only at the best interests of the child. When making this choice, a judge must consider:
- The wishes of the parents and the child
- The child’s relationship with parents, siblings and other family
- The child’s adjustment to their home, school and community
- Evidence of a pattern of domestic or family violence
The goal is to make sure the child stays healthy and connected to both parents in a safe environment.
Misconception: You keep everything you owned before marriage
You might think that you automatically keep a house or car you bought before your wedding day. However, Indiana uses a one pot rule. This rule brings everything owned by either person into one big group for the court to divide. This includes property you brought into the marriage and things you bought after the wedding.
All property is part of this marital estate unless a valid prenuptial or postnuptial agreement protects it. While a judge can decide to let you keep a specific item you owned before the marriage, they must look at everything in the pot first. This prevents any marital asset from being hidden or ignored at the start of the process.
Moving forward with clarity
The choices you make during a divorce will affect your life for a long time. Every family is different, so it is important to understand how these rules apply to your specific situation. If you are worried about your property or your kids, talking to a legal professional can help you get the right information. Having an expert on your side can give you the peace of mind you need to start your new chapter.