Question 1

What is the statute of limitations for family law in Indiana?

Accepted Answer

There is no statute of limitations for filing for divorce. The primary ground is irretrievable breakdown. Limited fault-based grounds exist: felony conviction after marriage, impotence, and incurable insanity for 2+ years. (Ind. Code § 31-15-2-3)

Question 2

What is Indiana's law on property division — 50/50 presumption?

Accepted Answer

Indiana presumes an equal (50/50) division of marital property — unusual for an equitable distribution state. Courts may deviate based on: contributions to property acquisition, economic circumstances, earning capacity, conduct during marriage, property acquired before marriage or by gift/inheritance, and tax consequences. (Ind. Code §§ 31-15-7-4, 31-15-7-5)

Question 3

What is Indiana's law on spousal maintenance (very limited)?

Accepted Answer

Indiana is one of the most restrictive states for maintenance. Only three types: (1) Incapacity maintenance — spouse is physically/mentally incapacitated. (2) Caregiver maintenance — spouse is primary custodian of an incapacitated child. (3) Rehabilitative maintenance — for education/training, capped at 3 years. (Ind. Code § 31-15-7-2)

Question 4

What is Indiana's law on child custody (best interests)?

Accepted Answer

Custody decisions are based on the best interests of the child, considering: age and sex of the child, wishes of parents and child, relationships with family members, adjustment to home/school/community, and mental and physical health of all involved. (Ind. Code § 31-17-2-8)

Question 5

What is Indiana's law on mandatory 60-day waiting period?

Accepted Answer

60 days must pass after filing before the court can finalize the divorce. (Ind. Code § 31-15-2-10)

Indiana Family Laws

Statute of Limitations

Filing Requirements

Key Indiana Statutes

Official Sources

Other Indiana Laws