Indiana operates as a “no-fault” divorce state, meaning a dissolution of marriage can be granted without proving one party was at fault. The legal basis for divorce is an irretrievable breakdown of the marriage, indicating there is no reasonable chance for reconciliation. However, marital misconduct, including acts of unfaithfulness, can influence certain aspects of the divorce proceedings, especially concerning the division of assets and spousal maintenance.
While not required for obtaining a divorce, evidence of marital misconduct can be a significant factor for the court’s consideration. Historically, and even currently, such actions may indirectly impact the financial settlement. A judge may consider the dissipation of marital assets due to an affair, for example, if funds were used to support the relationship. This influence on asset division stems from the principle of ensuring a just and reasonable distribution of the marital estate.