WHAT IS IT?
In the State of Indiana, a “house bill” is the first step in creating and adopting a new law. It is a proposal that can be made in either the Indiana Senate or the Indiana House of Representatives. What is commonly called a “Divorce” is referred to in Indiana law as a “Dissolution of Marriage”. House Bill 1684 (HB1684) is a proposal by Timothy Wesco (R-District 21), to modify the legal process of dissolution in Indiana. It specifically focuses on Dissolutions involving a minor child, or children.
The Bill summary is published by the Indiana Legislature here: https://iga.in.gov/legislative/2025/bills/house/1684/details . The digest states, in part, as follows:
… 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.
First, this bill proposes a change only to dissolutions involving minor children, where physical and legal custody are at issue. Physical custody in Indiana refers to the location of the child at any given time – which household is the child residing in at that particular moment. Legal custody in Indiana, by comparison, is the right to make decisions about a child’s health, religion or education. This includes mental health decisions.
Second, HB1684 would only apply to dissolutions where “irretrievable breakdown of the marriage” is the grounds for the dissolution. In Indiana, there are four grounds for a dissolution decree: (1) Irretrievable breakdown of the marriage; (2) The conviction of either of the parties, subsequent to the marriage, of a felony; (3) Impotence, existing at the time of the marriage or (4) Incurable insanity of either party for a period of at least two (2) years. (I.C. 31-15-2-3). So this bill would apply to all dissolutions involving child custody that do not use a felony, insanity or impotence as a basis for the dissolution.
Finally, this bill requires that the judge make at least one of the parties prove that “irretrievable breakdown” has occurred. The language above suggests that proof can be shown by either the parties working together, or by one party carrying the burden to prove “irretrievable breakdown” by itself. The Bill further identifies who could qualify as a witness in this process.
WHY DOES THIS MATTER?
Dissolution in Indiana is defined by our laws as a “No fault” process. Prior to 1971, a divorce/dissolution could only be granted “for cause”, meaning that the court needed to identify “a harmed party and an injured party before a marriage could be terminated.” (See Clark v. Clark, 578 N.E.2d 747, 751 (Ind. Ct. App. 1991): The grounds for divorce ranged in degree from adultery to incompatibility, and divorces were not to be granted for trivial or inconsequential reasons because of the inherent value of maintaining the marital relationship.
In 1971, Indiana’s legislature enacted a dissolution of marriage act that is commonly referred to as the “No Fault Divorce Act.” This Act introduced a principle that, even if the allegations of what caused the divorce were true, a court must limit itself to considering only factors identified in statute. Our current laws, Indiana Code Article 15. Family Law: Dissolution of Marriage and Legal Separation (31-15-1-1 to 31-15-10-2) reflect this change in philosophy.
Introducing a burden on the parties to prove the underlying rationale of the dissolution action re-opens the door to a commentary on conduct. It also puts disadvantaged persons – such as survivors of domestic abuse, among others – in a position where they are required to litigate very personal and private matters in court.
As of this writing, HB 1684 has not been set for a reading – the next step in creating a law. For a full breakdown of how a bill becomes a law, you can visit https://www.in.gov/gov/files/BillintoLaw.pdf .
If you or someone you know has questions or need assistance with a Dissolution of Marriage, give us a call at (317)-526-4630 or email info@banksbrower.com to help you navigate your case.
