Same Sex Marriage is Legal in Indiana
On October 6, 2014 the Supreme Court of the United States declined to hear the petition(s) to transfer Court of Appeals rulings generally cited as invalidating state (Indiana) prohibitions against same sex marriage. As a result of the Supreme Court’s decision, the 7th Circuit Court of Appeals decision will be enforceable in Indiana.
Various reporters expressed surprise that the U.S. Supreme Court did not accept the appeals for purposes of more clearly establishing the law in this topic. Other legal analysts concluded that since all of the court of appeals decisions struck down prohibitions on same sex marriage, that the Supreme Court was satisfied that there wasn’t anything further to add.
In short, same sex marriages are legal in Indiana. Before you marry, it is suggested you consult with an experienced lawyer who can help you determine if a prenuptial agreement is advisable to allocate your assets and how marriage will effect disposition of your assets when you die. Most people are surprised to learn that upon divorce Indiana law presumes that each party will receive one half of the assets owned by the parties and that upon death, regardless if you have a will that says otherwise, a surviving spouse has rights to your estate.