Ending a Marriage: Divorce

Question 1

Residency Requirement

Answer 1

At least one party must have been an:

(1) IN resident for 6 MONTHS preceding filing; and
(2) Resident of their county for 3 MONTHS

Question 2

Grounds for Divorce: No-Fault

Answer 2

Party must allege that:

(1) The marriage is IRRETRIEVABLY BROKEN; and
(2) There is NO PROSPECT OF RECONCILIATION

NO DEFENSES AVAILABLE

Question 3

Grounds for Divorce: Fault

Answer 3

(1) Felony conviction after marriage
(2) Impotence
(3) Incurable insanity for at least 2 years

TRADITIONAL DEFENSES NO LONGER AVAILABLE

Question 4

Legal Separation

Answer 4

May be granted for up to 1 YEAR if court finds:

(1) Current circumstances of the marriage are INTOLERABLE;
(2) Marriage should be MAINTAINED; and
(3) Divorce petition NOT FILED YET

Question 5

Finalizing Divorce

Answer 5

60 DAY waiting period after petition filed before divorce is granted and finalized

Question 6

Mediation

Answer 6

Frequently used, less expensive, and often more effective method for resolving separation disputes

Question 7

Indigent Parties

Answer 7

Entitled to WAIVER OF FILING FEE