The bill would require a witness or the couple to convince the judge of the "irretrievable breakdown" of the marriage, if the couple has children together.
INDIANAPOLIS — A bill that would end "no-fault" divorce for couples with children in Indiana has been sent to the house judiciary committee, as part of the 2025 Indiana Legislative Session.
House Bill 1684 says that if someone sites "irretrievable breakdown" of the marriage as the grounds for divorce, and the couple has one or more children, they need to prove the breakdown. They can do that in one of two ways:
Having a witness testify that the marriage is irretrievably broken
Both parties convince the judge the marriage is irretrievably broken
Domestic violence victim advocates worried
Both parties convince the judge the marriage is irretrievably broken
- The bill also specifies who can be a witness:
- Officiant of the marriage
- Signed witness to the marriage
- Parent or sibling of either party
- Friend who has known a party for at least 60 days
- Religious leader with knowledge of the marriage
- Licensed counselor with knowledge of the marriage
- The bill also says the witness cannot be someone who "has received any form of compensation for acting as a witness at the final hearing."
Domestic violence victim advocates worried
The bill has received pushback from advocates for domestic violence victims, who fear that some victims could be trapped in abusive relationships because they were not believed.
"HB 1684 is a terrible idea," said 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 have people not come forward, have victims not come forward to say what is happening in their home."
McBride says that most victims do not end up calling the police or going to the hospital before trying to leave the abusive relationship. Often, victims of domestic violence are in real, physical danger from the partner they are trying to leave.
"If you are fleeing a domestic violence relationship and you need to go into hiding, that will make it impossible to do that," McBride said. "If you have children and you need to go to the Julian Center, I'm not sure what that looks like, right? I mean, we don't really know the full repercussions of what this entails at this point. It's very challenging and scary."
McBride says she doubts Wesco considered the domestic violence implications when he wrote the bill.
"I don't think they put any thought into this other than how can we keep couples married in a traditional household with children because that's what the belief is to make a healthy community; it's absurd," McBride said. "Healthy communities do not rely on somebody who's being abused to stay in a marriage — that is just more learned behavior by the child, who is going to grow up and become a victim or a perpetrator themselves."
McBride says this isn't just an issue for women. Many men are also victims of domestic violence. It impacts:
- 1 in 3 women
- 1 in 7 men
- 1 in 5 people
McBride said is very difficult for anyone to come forward to talk about domestic violence, but men can face a special stigma.
"Especially for men, there is so much shame from coming forward," McBride said. "We need to be as supportive a community as possible and not a punitive community. This (HB 1684) is punitive."
McBride also says that forcing a couple to stay together, especially if there is domestic violence, does more harm to children than good.
"Especially for men, there is so much shame from coming forward," McBride said. "We need to be as supportive a community as possible and not a punitive community. This (HB 1684) is punitive."
McBride also says that forcing a couple to stay together, especially if there is domestic violence, does more harm to children than good.
"Children who witness domestic violence, the trauma changes their brains," McBride said. "They are more susceptible to addiction, depression and anxiety. They are more likely to become perpetrators or victims themselves. They grow up thinking this is OK and normal."
DVPN sends counselors into schools around central Indiana to help teach teens healthy dating habits and sees the impact firsthand.
"One of the things we've heard from our instructors is that the kids will talk to them after class," McBride said. "They'll say 'but that's how I've grown up, and you're saying that's not OK.' It's brand new information to them."
Domestic violence resources
DVPN sends counselors into schools around central Indiana to help teach teens healthy dating habits and sees the impact firsthand.
"One of the things we've heard from our instructors is that the kids will talk to them after class," McBride said. "They'll say 'but that's how I've grown up, and you're saying that's not OK.' It's brand new information to them."
Domestic violence resources
Domestic violence is a pattern of behaviors used by a partner to maintain power and control over another partner in a relationship, according to The National Domestic Violence Hotline. Abuse can be physical, but it can also appear in several other ways.
If you or someone you love is in a relationship that may involve abuse, there is help available. Here are some resources with people to talk to and places to turn to for assistance:
The National Domestic Violence Hotline, call 1-800-799-7233 (SAFE) or follow the link to live chat with someone.
Indiana Coalition Against Domestic Violence, this resource helps you find a shelter near you and find help, including domestic violence programs, batterers’ intervention programs and housing and eviction assistance.
Julian Center is the largest organization supporting victims of domestic violence, sexual assault and other life crises in Indiana. Call the 24-hour Crisis Line at 317-920-9320.