Divorcre & Separation Information

Indiana Divorce

At Bernhardt Phillips our family law attorneys have experience representing individuals going through divorce across the State of Indiana. We have the knowledge and ability to help guide you through the divorce process and attempt to reach the most amicable resolution possible. However, if reaching an amicable resolution fails, our family law attorneys are skilled litigators who will vigorously defend and protect your interests in court. Contact Bernhardt Phillips today to speak with one of our divorce attorneys. 

Grounds for Divorce

While Indiana may be a “no-fault” state a party will still need to detail to the Court specific ground for the divorce. Indiana code 31-15-2-3 lists the four (4) situations in which the Court may grant a divorce. 

  1. Irretrievable breakdown of the marriage. 
  2. The conviction of either of the parties, subsequent to the marriage, of a felony 
  3. Impotence, existing at the time of the marriage.
  4. Incurable insanity of either party for a period of at least two (2) years.


The most commonly cited reason for divorce is simply that there is an irretrievable breakdown of the pirates’ marriage, but there may be situations in which one may want to raise another listed basis for the divorce. 

Divorce versus Legal Separation

If you are considering filing for a divorce in Indiana, then you have likely also come across the term “legal separation”. Should you file for a legal separation instead of a divorce? This is a common question asked of the divorce attorneys at Bernhardt Phillips. Most often the answer is, it depends. If you are trying to decide whether to file for a divorce or legal separation in Indiana, then do not hesitate to schedule your free consultation. 

Jurisdiction

Once you determine that you are going to file for divorce it is important to consider where you should file for divorce. Under Indiana Code 31-15-2-6 we would need to determine your residency. Where have you lived for the past three (3) months? The past six (6) months? However, what happens if you and your spouse are separated physically, and do not live in the same county or even the same state? If you’re in the military, then the choice can be even more confusing. The divorce attorneys at Bernhardt Phillips represent clients that live across the State of Indiana, across the United States, and even abroad, in Indiana divorces.

Mandatory Waiting Period

After filing for divoce in Indiana you will be required to wait at least sixty (60) days before you will be able to finalize the matter and be officially divorced. However, if the parties are unable to reach an agreement it is not uncommon for a divorce to take significantly longer than the mandatory waiting period. Who is supposed to pay what bills after the divorce is filed until you get to a final hearing? What happens if your spouse kicks out of the marital residence and changes the locks? If you have children, and your spouse is denying you contact, then this mandatory waiting period could seem like an eternity. Can you get into court before the final hearing to see your children? The divorce attorneys at Bernhardt Phillips can answer all of your questions and help you better understand your legal rights and the process for a divorce in Indiana.

Mediation or Final Hearing

How your case gets resolved will ultimately be determined by whether the parties are able to reach an agreement on all issues, or not. If the parties can reach an agreement, whether that be at mediation or otherwise, then they will be able to file their agreement with the Court for approval, and potentially avoid a final hearing. If the parties cannot reach an agreement on all issues, then it will become necessary to attend a final hearing and have the Court issue an order on those issues upon which the pirates are unable to agree. Our divorce attorneys are highly skilled negotiators, who can resolve most matters amicably without a final hearing. However, if a reasonable agreement cannot be reached, then our attorneys are prepared to zealously represent your interests at trial.

 Do not hesitate to contact the divorce attorneys at Bernhardt Phillips.

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