No-Fault Indiana Divorce laws

[AntiFreze]

A friend of mine's husband cheated on her, left and went states away. He left her and their kids. They are planning on getting the actual divorce in the summer after they sell their house.

Now indiana is a no-fault state. But since he is the one who cheated and left (adultry and abandonment) is she entitled to anything more come divorce time? Or can she start seeing other people without fear of losing time with her kids and such?

(serious question - any advice i can pass along would be great)

 

[dabuddha]

I would highly recommend that she talk to an attorney immediately.

 

[Vette73]

She should be fine dating as long as the person does not have a bad history. Now if she is nto a good parent and dates slezy guys then it could come up in the custody part. But the divorce part it doe snto really matter for the most part if its a no fault.

 

[SandEagle]

Originally posted by: AntiFreze
A friend of mine's husband cheated on her, left and went states away. He left her and their kids. They are planning on getting the actual divorce in the summer after they sell their house.

Now indiana is a no-fault state. But since he is the one who cheated and left (adultry and abandonment) is she entitled to anything more come divorce time? Or can she start seeing other people without fear of losing time with her kids and such?

(serious question - any advice i can pass along would be great)

who has the deeds to the home? may want to wait until after the divorce to sell the house... talk to a lawyer though, i don't know crap

 

[PokerGuy]

I think she should be asking her divorce lawyer that question.

First, I believe every state now allows for "no fault" divorces. There's only a few states that actually allow for "fault" divorces where one party essentially blames the other for the breakup. Indiana appears to be a "no fault" divorce state.

Don't confuse the meaning of fault/no fault with how things are split after the divorce. The no fault just means the marriage can be ended without having to show fault on one side or the other. It doesn't mean the actions of one (or both) of the parties can't be used against them when asset splits are determined etc.

It's not that she is "entitled" per se, but his actions can definitely contribute to her getting more than what she would otherwise have gotten in the divorce.

 

[BurnItDwn]

Have her try to get the best divorce lawsmith possible. A good lawsmith will make a big difference.