INDIANAPOLIS — A controversial bill that would significantly alter divorce proceedings in Indiana is currently under consideration by the House Judiciary Committee. House Bill 1684, authored by Rep. Timothy Wesco (R-District 21), seeks to eliminate “no-fault” divorce for couples with children, requiring couples to provide evidence of an “irretrievably broken” marriage.
Currently, Indiana allows for “no-fault” divorce, where couples can cite “irreconcilable differences” as grounds for divorce without needing to prove fault or assign blame. However, HB 1684 proposes that if a couple with children seeks a divorce based on an “irretrievable breakdown,” they must present evidence to support this claim.
Two Paths to Proving Irretrievable Breakdown:
The bill outlines two ways to meet this requirement:
- Witness Testimony: A witness must testify under oath that the marriage is irretrievably broken.
- Joint Agreement: Both parties must convince the judge that the marriage is irretrievably broken.
Witness Eligibility and Restrictions:
HB 1684 specifies who can serve as a witness:
- The officiant of the marriage
- Signed witness to the marriage
- Parent or sibling of either party
- A friend who has known a party for at least 60 days
- Religious leader with knowledge of the marriage
- A licensed counselor with knowledge of the marriage
Crucially, the bill prohibits any witness who has received compensation for their testimony from providing evidence.
Concerns Raised by Domestic Violence Advocates:
The proposed legislation has drawn strong opposition from domestic violence victim advocates who fear it could have devastating consequences.
“HB 1684 is a terrible idea,” stated Kelly McBride, executive director of the Domestic Violence Prevention Network. “Victims of domestic violence are not believed when they come forward so many times, especially within the court systems. This is going to discourage victims from coming forward and disclosing the abuse they are experiencing at home.”
McBride emphasized that many victims of domestic violence do not involve law enforcement or seek medical attention before attempting to leave an abusive relationship. Often, they face significant physical danger from their abusive partners, making leaving the relationship a perilous endeavor.
Important Note: Domestic violence is a serious issue that affects a significant portion of the population:
- 1 in 3 women
- 1 in 7 men
- 1 in 5 people
If you or someone you know is experiencing domestic violence, please reach out for help:
- The National Domestic Violence Hotline: Call 1-800-799-7233 (SAFE) or access their live chat service.
- Indiana Coalition Against Domestic Violence: This resource can help you locate shelters and connect you with essential services, including domestic violence programs, batterers’ intervention programs, and housing/eviction assistance.
- Julian Center: This organization provides comprehensive support to victims of domestic violence, sexual assault, and other life crises in Indiana. Their 24-hour Crisis Line is available at 317-920-9320.
