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.
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.
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.
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