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Though civil unions among couples are not recognized in Indiana, those couples are able to file for dissolutions by focusing their lawsuits mainly on property rights.
One county couple, who were joined in an out-of-state civil union, recently filed for a dissolution in Kosciusko Superior Court 1.
The plaintiff, Kimberly Granger, is suing for palimony, partnership dissolution, partition of real estate and more. The lawsuit also alleges fraud and conversion because partnership assets reportedly were used solely to benefit the defendant, Janua Riley.
According to the lawsuit, the two women maintained a relationship from 1997 until this October. They lived in a jointly owned residence and shared incomes and property in a family-type arrangement.
In October, this arrangement reportedly ended with the end of their relationship, and the defendant allegedly kept control of all properties and assets that are said to be jointly owned by the former couple.
The plaintiff is asking for an equitable division of property and palimony to maintain her lifestyle. Palimony is defined as "a form of alimony awarded to one member of a non-marital couple who have separated."
According to attorney David C. Cates, counsel for the plaintiff, this type of dissolution is not that unusual, even though gay partnerships are not legalized in the state.
"Indiana doesn't recognize civil unions," Cates said,
"but that does not mean there can't be a statutorily implied partnership ... that does not mean there can not be an equitable division of assets. ..."
According to Cates, though these dissolutions are not common, he has tried, and won, other cases similar to this in both Kosciusko and Noble counties.
Indiana is one of 37 states that bans gay and lesbian unions. In Iowa, a state with similar laws to Indiana, a judge recently granted a lesbian divorce by accident because he did not know the couple's genders. He later upheld the same ruling.
