The “best” kind of divorce in Indiana is where couples work together to divide assets, solve child custody issues and develop an amicable parenting plan. But, this is not always possible when one spouse does not want to get divorced. Nonetheless, a good divorce is still attainable if you understand what the law expects of you under such circumstances and act accordingly to split from your spouse.
Divorce without your partner’s cooperation
In Indiana, if one spouse refuses to get divorced, it is still possible to file for a divorce without the other party’s consent. This type of divorce is called a “dissolution without cooperation.” The court will review the evidence you present and make decisions about property division, child custody and other issues.
How it works
When one party files for dissolution, the other will receive a summon and have 20 days to respond. If he or she does not respond, the court can consider a default judgment granting the divorce on the grounds of willful desertion or abandonment. As the petitioner, it would be up to you to present evidence to the court regarding matters such as property division, child custody and visitation, alimony and child support.
What to expect
When it comes to property division, Indiana follows the equitable distribution model to determine what is fair and just. In addition, if a spouse willfully deserts or abandons the other party without cause for at least six months prior to filing, family law considers that a fault-based ground and the court may grant a divorce on those bases. The court will also consider spousal support for the partner that needs it.
Moreover, if you have children, the judge must also make decisions based on what’s best for them. So, even if the other parent is reluctant to get a divorce, the court will still consider them when making decisions about child custody, visitation and support.
Getting divorced is difficult enough when both parties are cooperating, but it can be especially challenging when one spouse does not want to get divorced. Ultimately, the dissolution process in Indiana can still take place even in these circumstances; however, it may require more time and effort than an uncontested divorce.