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Indiana is a ?one-pot? property division state, so the court will begin with a presumption that all property is marital property and that it should be divided equally. But this can be overcome and will not necessarily mean that the final division will be equal.
These types of records contain personal information on finances, child custody, and criminal matters pertaining to a couple's divorce. Under Indiana Public Records Law, divorce records are available to the public for viewing unless they are sealed.
Indiana is an equitable division state. This means the court does not have to divide property equally between the spouses.
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other.
§ 31-15-2-3 (2021).) Even though adultery is traditionally considered a form of marital misconduct, it is not recognized as a ground for divorce in Indiana. Therefore, judges in Indiana will not consider evidence or testimony about adultery when they are deciding whether to grant a divorce.
Indiana operates under the ?one pot? theory of marital property. All property belonging to either or both spouses is considered marital property. But just because an inheritance is considered marital property, does that mean it will be split evenly between the parties? No.
Generally, the Court will divide the property and debts of the marriage on a 50-50% basis. The Court can give more than 50% to one spouse if the Court has good reason to do this.
There is no statutory definition for a ?long? marriage in Indiana that would entitle a person to a ?full? share of assets in a divorce. In theory, the same rules apply to a marriage which lasts one day and one which lasts 40 years.
