Indiana is a no-fault divorce state, meaning you don't need to prove fault (like infidelity) to obtain a divorce. However, proving infidelity can significantly impact several aspects of your divorce proceedings. This post will explore how infidelity affects divorce in Indiana, addressing common questions and concerns. Let's dive in.
Does Infidelity Automatically Mean I Get More in a Divorce?
No. While infidelity is not a grounds for divorce in Indiana, it can influence the court's decisions regarding property division, spousal maintenance (alimony), and child custody arrangements. The court's primary concern is fairness and the best interests of the children. Showing proof of infidelity might sway the judge's decision, but it's not an automatic win.
How Does Infidelity Affect Property Division in Indiana?
In Indiana, marital property is typically divided equally between spouses. However, infidelity can, in some cases, affect this equitable distribution. If one spouse's infidelity led to significant financial losses for the marriage (e.g., money spent on extramarital affairs), the court might consider this when dividing assets. This is not guaranteed; the judge must find a direct link between the infidelity and the financial losses. For instance, proving that funds intended for family expenses were diverted to an affair could lead to a less equitable split.
Can Infidelity Affect Child Custody in Indiana?
While infidelity alone won't automatically result in a parent losing custody, it can be considered by the court as part of a broader assessment of each parent's fitness to care for the children. The court’s ultimate goal is to determine the best interests of the child. Evidence of infidelity might be relevant if it demonstrates a lack of judgment, irresponsible behavior, or a negative impact on the child's well-being. Factors like the child's age, the parent's parenting style, and the overall family environment play a much larger role in custody decisions.
How Can I Prove Infidelity in an Indiana Divorce?
Proving infidelity requires strong evidence. This might include:
- Emails and text messages: These provide direct evidence of the affair.
- Photos and videos: Visual evidence can be highly persuasive.
- Witness testimony: Testimony from individuals who witnessed the affair.
- Financial records: Bank statements, credit card records, or other financial documents showing expenditures related to the affair.
- GPS tracking data: Data from GPS tracking devices might show the spouse's location during alleged encounters.
It's crucial to gather this evidence carefully and legally, avoiding illegal actions like hacking or unauthorized surveillance. Consulting with an experienced Indiana divorce attorney is essential.
Does Infidelity Affect Alimony in Indiana?
Similar to property division and custody, infidelity can be a factor in determining spousal maintenance. If infidelity led to financial hardship for the other spouse, the court might consider this when deciding the amount and duration of alimony. Again, there must be a demonstrable link between the infidelity and the financial hardship.
What if My Spouse Admits to Infidelity?
A confession from your spouse strengthens your case considerably. However, it’s still important to document the admission in writing or have it witnessed. This ensures its admissibility in court.
I Suspect My Spouse of Infidelity, What Should I Do?
If you suspect infidelity, it's advisable to consult with an attorney in Indiana immediately. They can advise you on how to proceed legally and ethically while gathering evidence. They can also help you understand your rights and options.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Indiana divorce laws are complex, and you should consult with a qualified attorney for advice specific to your situation.
