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Although Indiana is a “no-fault” divorce state, the Petition for Dissolution of Marriage must declare the appropriate grounds upon which the dissolution is being sought.
The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court.
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The second circumstance is when a court finds that a spouse lacks sufficient property to provide for the spouse’s needs and the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment.
Finally, if a spouse has had an interruption in their education, training, or employment as a result of homemaking or child care responsibilities, the court may find that rehabilitative maintenance for that spouse is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three years from the date of the final decree.