Indiana operates as a “no-fault” divorce state. Which means that a dissolution of marriage may be granted based mostly solely on the assertion that the wedding is irretrievably damaged. Whereas misconduct, equivalent to marital unfaithfulness, doesn’t instantly dictate whether or not a divorce is granted, it could possibly affect sure elements of the proceedings. For example, proof of extramarital affairs may be introduced to the courtroom. Nonetheless, the core foundation for divorce stays the irreparable breakdown of the conjugal relationship.
Traditionally, and in some jurisdictions nonetheless, marital misconduct performed a extra vital position 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 scale back the adversarial nature typically related to divorce litigation. Although it would 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 belongings. Displaying a partner used marital funds to assist an affair might impression how belongings are divided.