Indiana Law and Legislation

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Indiana

Law and Legislation

Online Resources

• Historic Indiana Statutes at The Advancing Genealogist – Includes links to Indiana territorial and state session laws and compiled statutes found online.
• American Law Sources online - For Indiana

Divorce Laws

Google AI overview:

When Indiana first became a state (1816), a circuit court was the only court in each county and handled all civil (including divorce) and criminal cases.

Indiana's divorce laws have evolved significantly, moving from a period of relatively lenient rules to the current no-fault system.

• early to 1850s Indiana was known as a "divorce mill"

• Short residency requirements and ease of obtaining divorces
• Laws were quite broad, allowing for divorce in cases of misconduct that caused unhappiness and damaged the marital relationship

• 1873 The legislature restricted divorce laws

• Longer residency requirements curbed the influx of out-of-state divorce seekers
• Required proof of fault (adulter or abuse)

• 1973 No-fault system requiring only a showing of irreconcilable differences

• One spouse need only state that the marriage is irretrievably broken
• The transition to no-fault divorce eased the burden on the legal system
• Reduced the need for contested and acrimonious court battles

Divorce proceedings in Indiana also address issues like property division, spousal maintenance (alimony), and child custody and support.

Vital Records Laws

Google AI overview
ndiana's vital records laws have evolved over time. Initially, birth and death records were not mandatory until 1882. County health offices began recording these events, and state-level mandatory registration started in 1907 for births and 1900 for deaths. Marriage licenses became mandatory in 1800, but statewide collection of marriage data didn't begin until 1958.

• Before 1882: Births and deaths were not officially recorded at the state level.
• 1882: Indiana began recording births and deaths at the county level.
• 1900: Mandatory death record registration began at the state level.
• 1907: Mandatory birth record registration began at the state level.
• 1958: The State Department of Health began recording marriage data.
• Present: The Indiana Department of Health maintains and issues certified copies of birth, death, and fetal death certificates

• Birth records are not publicly accessible for 75 years to protect privacy
• Exceptions may exist for adoption and medical records
• Must comply with specific requirements and agreements to protect privacy

• Once a birth record is 75 years old or older, it is generally available to the public, though .
• "Under the Access to Public Records Act, a county health department must provide public access to death certificates that doctors, coroners, and funeral directors file"