Divorce in Indiana

How to Get an Indiana Divorce the Easy Way

A person seeking to divorce in Indiana must file the correct legal forms with the county court in the county where he or she lives.

The filer must have been a state resident for the past 6 months and a resident of the county for the past 3 months.

A successful divorce case requires that the individuals involved in the divorce must follow a set legal process before a court will approve the case.

Depending on the issues surrounding an Indiana divorce, the case can be very involved, so the process needs to be reviewed by all parties and simplified as much as possible.

Both hiring an attorney and keeping the case uncontested are recommended, but neither is mandatory to a successful Indiana divorce.

How to Get an Indiana Divorce

In Indiana, a divorce case can be prepared primarily online or without the use of the internet at all.

No matter how a couple decides to handle the divorce process, in any type of divorce case; the process begins when one party files a petition for dissolution of marriage.

The filing can either be done jointly or singly depending on the format of the case.

Steps to Divorce in Indiana

The following steps are provided by the Indiana courts and outline the divorce process.

Every divorce can be slightly different, so these steps are just the general steps, and for unique issues, it is recommended that a person contact an attorney for legal counsel.

  1. The first step in the Indiana divorce process is to gather all information on assets, finances, debts, and children. As mentioned above, both parties should attempt to keep the overall process in an uncontested manner to avoid court appearances or unwanted turmoil.
  2. Gather the required forms from a reputable legal resource and complete the full petition with all of the required information. The Indiana courts provide full packets of divorce forms and instructions on how to fill out the forms for anyone seeking a divorce in Indiana with or without children involved. The packets are also available for both contested and uncontested formats.
  3. Fill out the forms packets and any additional information the packet outlines. For Indiana divorces involving children, additional paperwork must be submitted with the main packet.
  4. File the paperwork with the clerk of the county court along with paying the filing fees. The typical filing fee for most Indiana counties is $132 – 142 dollars. Make sure to keep copies of all paperwork filed and obtain the case number for a continuous reference throughout the divorce case.
  5. In a contested divorce case, have the spouse served by process or by certified mail and wait for a response. If the other spouse gives no response, then the divorce is considered in default.
  6. In any case, a court will not review the case until after a period of 60 days has passed. After 60 days, take to the clerk of the court the signed Waiver of Final Hearing (for those wishing the paperwork to represent the case), a child support obligation worksheet in cases involving children, a settlement agreement, and a decree of dissolution of marriage for the judge to sign.
  7. Attend the hearing where the judge will either approve of the divorce or disapprove and the court will work out all issues between the spouses. If a waiver was submitted to the court a hearing is not needed and a judge will let the paperwork stand as it is written. Once the judge approves the divorce paperwork and signs the decree, the divorce is final and a copy with either be given to each spouse or mailed.

As you can see from the above information, an uncontested divorce in Indiana is in the best interest of everyone involved. It is not only cheaper and faster, but it allows both individuals to agree on how to split everything.

A contested divorce case can involve multiple hearings and people almost always need the help of an attorney before proceeding with the case.

Divorce in Indiana - Equitable Distribution

Indiana is considered an equitable distribution state, which means that all assets involved in the marriage are split equitably, not equally, between the spouses.

This means that the court attempts to maintain the quality of life for both parties if possible.

Like most courts, the Indiana courts expect that anyone representing oneself must understand the law and proper court conduct. In a contested case, many people feel that neither one of them “win.”

Indiana Divorce Mediation

An option to avoid contested divorces is mediation or arbitration before a judge orders it. In these services, which many attorneys offer, the overall goal is to seek an agreement between both parties.

In this process, an attorney can work as a mediator to discuss all issues surrounding the divorce, or two attorneys can work with both parties to close any open arguments equitably.

Recommended Resources
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Indiana Uncontested Divorce Forms Package
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Also see the following related articles

How To Get An Uncontested Divorce in Indiana
Learn About Divorce Forms in Indiana
Indiana Divorce Laws You Need to Know
Finding Divorce Records in Indiana
Legal Resources for Divorce in Indiana

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