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Bill > HB1684


IN HB1684

IN HB1684
Irretrievable breakdown of marriage.


summary

Introduced
01/21/2025
In Committee
01/21/2025
Crossed Over
Passed
Dead
04/24/2025

Introduced Session

2025 Regular Session

Bill Summary

Irretrievable breakdown of marriage. Provides that if the parties to a petition for dissolution of marriage are the parents of one or more minor children for whom the parties have legal and physical custody, and the sole ground for dissolution of the marriage asserted in the petition is irretrievable breakdown of the marriage, a court may enter a dissolution decree only if: (1) at least one party to the petition presents a witness at the final hearing on the petition who testifies to affirm the irretrievable breakdown of the marriage; or (2) the parties can show cause as to why the petition should be granted. Specifies the individuals who may provide testimony as to the irretrievable breakdown of the marriage, and provides that an individual other than a licensed counselor may not have received any form of compensation for acting as a witness.

AI Summary

This bill modifies Indiana's divorce laws, specifically addressing cases where parents with minor children seek divorce based on "irretrievable breakdown of marriage". Under the new provisions, when such parents file for divorce citing irretrievable breakdown, the court can only grant the dissolution decree if at least one party presents a witness who testifies to the marriage's breakdown, or if the parties can show good cause for the divorce. The bill specifies acceptable witnesses, including marriage officiants, signed marriage witnesses, parents, siblings, long-time friends, religious leaders, and licensed counselors. Importantly, witnesses cannot be compensated for their testimony, and attorneys representing either party are explicitly prohibited from serving as witnesses. The bill aims to ensure that when parents with minor children seek divorce, there is substantive testimony or justification supporting the dissolution, potentially providing additional scrutiny to protect family interests. These changes will take effect on July 1, 2025, and apply to divorce petitions where irretrievable breakdown is the sole grounds for dissolution.

Committee Categories

Justice

Sponsors (1)

Last Action

Withdrawn (on 02/04/2025)

bill text


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