Indiana operates as a “no-fault” divorce state. Which means a dissolution of marriage could be granted primarily based solely on the assertion that the wedding is irretrievably damaged. Whereas misconduct, similar to marital unfaithfulness, doesn’t immediately dictate whether or not a divorce is granted, it could possibly affect sure features of the proceedings. As an illustration, proof of extramarital affairs could be offered to the courtroom. Nevertheless, the core foundation for divorce stays the irreparable breakdown of the conjugal relationship.
Traditionally, and in some jurisdictions nonetheless, marital misconduct performed a extra important function in divorce proceedings, typically requiring proof of fault to safe a divorce. The shift towards no-fault divorce goals to simplify the authorized course of and cut back the adversarial nature typically related to divorce litigation. Although it does not decide the granting of a divorce, it could possibly affect property division and spousal upkeep (alimony) awards, particularly if the conduct led to the dissipation of marital property. Exhibiting a partner used marital funds to help an affair might influence how property are divided.