Under Indiana divorce law, property is to be divided equitably, which is not necessarily equal. Equitably means fair under the circumstances. Where the parties are unable to agree how their property should be divided, the court must decide. When the court decides it starts with the presumption that dividing the property equally is fair. However, either party may rebut that presumption by submitting evidence or testimony which demonstrates why equal would not be fair.
A court may consider the following factors when deciding how to come up with an equitable division of property: Whether the property was acquired by one … Read the rest