Lake County, IN- If you are planning on legally ending your marriage in Indiana, you can choose whether you file for a fault or no-fault divorce. But if you are like most, you probably don’t know which option is right given the circumstances of your divorce. That is why USAttorneys wanted to discuss some of the basics of fault and no-fault divorce in Indiana.
First, regardless of whether you are filing for fault or no-fault divorce, at least one spouse must live in the state for a minimum of six months before filing their divorce petition. Additionally, if you plan on filing for divorce in Lake County, you must reside in the county for at least three months.
Most couples in the state file for no-fault divorce. A couple doesn’t have to prove any wrongdoing on the other’s behalf to obtain a no-fault divorce. A couple merely has to state they have “irreconcilable differences” and they agree they cannot resolve their differences. After 60 days, a judge can approve the petition and couple can finalize their divorce.There are several reasons a fault divorce may be appropriate but before deciding to pursue this option, USAttorneys urges you to speak with a lawyer.
A no-fault divorce can be resolved in a shorter amount of time, especially is a couple agrees on how to divide their assets and decide on an agreeable custody arrangement. It is also a less costly option.
Your other option for dissolving your marriage is to file for a fault divorce. This divorce method is appropriate when one spouse has done something wrong. You can pursue and fault divorce for the following reasons: abandonment, incarceration, infidelity and physical, sexual or verbal abuse. If you think a fault divorce is appropriate in your situation, USAttorneys recommends you speak with a local divorce lawyer to explain what you can expect from the process.
One of the disadvantages of filing for a fault divorce is the time it can take to resolve. It can take months, even a year or more to resolve. A fault divorce can result in one spouse getting the child custody arrangement of their choice or securing a larger amount of spousal support. If there is a fault on the part of both spouses, the courts will determine which spouse is more at fault and decide in their estranged spouse’s favor.
If you are ready to file for divorce, let USAttorneys connect you with a divorce lawyer in Lake County, Indiana. You can discuss your filing options so that you can make an informed decision about your divorce. Divorce is hard enough without all the accompanying legal issues. Why not let a professional deal with the legal aspects? We recommend you call a divorce attorney today and set up a case evaluation.