In Indiana, a dissolution of marriage can proceed without requiring one party to prove fault or wrongdoing on the part of the other. This means that neither spouse needs to demonstrate adultery, abandonment, or any other specific cause to obtain a divorce. The legal basis rests solely on the assertion that the marriage is irretrievably broken and that there is no reasonable prospect of reconciliation. As an example, a couple can pursue a divorce simply because they no longer wish to be married, even if neither party has committed any marital offense.
This approach simplifies the divorce process, potentially reducing conflict and legal expenses. Historically, proving fault could be a contentious and expensive undertaking, often requiring extensive evidence and testimony. Removing this requirement can lead to a more amicable separation, allowing parties to focus on issues such as asset division, child custody, and support arrangements. Furthermore, this system acknowledges that marriages can end for a variety of reasons, not all of which involve demonstrable misconduct.
