Indiana is a no-fault divorce state.1 There are four grounds for dissolution of marriage: (i) an irretrievable breakdown of the marriage; (ii) the conviction of either of the parties, subsequent to the marriage, of a felony; (iii) impotence, existing at the time of the marriage; and (iv) the incurable insanity of either party for a period of at least two years.2
Although “irretrievable breakdown” is not defined statutorily, courts have interpreted the term to mean without a “reasonable possibility of reconciliation.”3 When determining whether a reasonable possibility of reconciliation exists, courts will look at “the marital relationship as a whole ..., not the specific acts or conduct of the parties.”4
Text of Statute(s)
(1) Ind. Code § 31-15-2-3 – Grounds for decree
Sec. 3. Dissolution of marriage shall be decreed upon a finding by a court of one (1) of the following grounds and no other ground:
(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.
Research is ongoing. A search of Indiana law on these issues did not reveal any cases that are factually relevant or analogous to WMC’s target situations.
Nothing relevant at this time.
In re Marriage of Lang, 668 N.E.2d 285, 291 (Ind. Ct. App. 1996) (“[W]e do not tolerate the injection of fault into divorce proceedings.”) (citing In re Marriage of Stetler, 657 N.E.2d 395, 399 (Ind. Ct. App.1995)). ↩
Ind. Code § 31-15-2-3. ↩
Flora v. Flora, 337 N.E.2d 846, 850 (Ind. Ct. App.1975), disapproved of on other grounds in In re Marriage of Boren, 475 N.E.2d 846 (Ind. Ct. App. 1985). ↩
Moore v. Moore, 654 N.E.2d 904, 905 (Ind. Ct. App. 1995). ↩