how a married couple with no children can divorce without a lawyer in indiana

by Courtney Thompson 8 min read

To get an uncontested divorce in Indiana, you'll need to agree with your spouse on how you will deal with: property division and allocation of debts alimony (known as maintenance in Indiana), and if you have minor children, custody, parenting time (visitation), and child support.

Full Answer

How do I get a divorce in Indiana without a lawyer?

State of Indiana or stationed at a United States military installation within Indiana for the last six (6) months. 7. Petitioner and Respondent were married on _____, and separated on _____. 8. There are no children born of the marriage. 9. There _____ debts or assets to divide.

What happens if a spouse cannot be found in Indiana?

How much does the average divorce cost in Indiana? Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesIndiana$157Average fees: $9,000Iowa$185Average fees: $9,000+Kansas$400Average fees: $8,000+Kentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+48 filas ...

Is Indiana a no-fault divorce state?

Feb 25, 2022 · Step 1: Starting your Indiana divorce. Preparing the Documents. If you want to file for a divorce without a divorce lawyer, you can download the appropriate forms and fill them using the instructions available online. Alternatively, you can get hard copies of the forms from the clerk at the local court. Documents Needed for Filing for Divorce

What are grounds for an uncontested divorce in Indiana?

You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage. Once your paperwork is filed, you'll need to wait 60 days for your divorce to be finalized (Ind. Code §31-15-2-10 (2021)).

Can you file for divorce in Indiana without a lawyer?

It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts. However, there is no requirement that you have an attorney to file a divorce, and if you cannot get an attorney, you can file the divorce on your own.Apr 30, 2012

How much does it cost to file for divorce in Indiana without a lawyer?

The court will charge a filing fee which will vary between $132 and $152, depending on which county you are in. You usually have to pay this fee in cash or by certified check or money order.Aug 29, 2014

How can I get a free divorce in Indiana?

How do you get a free divorce in Indiana? A free divorce in Indiana is only available for the parties who do not hire lawyers or use any paid alternative services, given that the petitioner cannot afford to pay the court filing fee and is considered qualified for a fee waiver.

How much does an uncontested divorce cost in Indiana?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesOther Divorce Costs and Attorney FeesIndiana$157Average fees: $9,000Iowa$185Average fees: $9,000+Kansas$400Average fees: $8,000+Kentucky$148 (without an attorney), $153 (with an attorney)Average fees: $8,000+48 more rows•Jul 21, 2020

What is the fastest way to get a divorce in Indiana?

An uncontested divorce can be pretty quick if you meet Indiana's residency requirement. You or your spouse must have been living in the state (or stationed there in the military) for the six-month period immediately before you file for a dissolution of marriage.

Do you have to be separated before divorce in Indiana?

After a spouse files for divorce in Indiana, the parties must live apart for at least 60 days before the divorce can be finalized.Feb 18, 2022

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

How much does a divorce cost in the State of Indiana?

Divorce Filing Fees in Indiana As of 2021, the filing fee for a civil case (such as divorce) is $157. Your cost might be different if you pay to have the divorce papers served on your spouse or if the clerk of the court assesses other fees.

Does it matter who files for divorce first in Indiana?

Yes. It does not matter who files for divorce; the wife can get her maiden or former name back as part of the final divorce as long as she asks the court to do this. She does not have to get her maiden or former name back; she can keep her married name after the divorce if she wants to.Dec 15, 2016

How much does a divorce cost without a lawyer?

In our survey, people who handled their divorce without hiring a lawyer had an average of $925 in costs, not including the cost of mediation. More typical, however, was the median cost of $300.

How can I get a quick divorce?

Here's how to get an uncontested, quick divorce; Communicate with your spouse throughout the process. Find your marriage certificate before starting divorce proceedings. Find valid grounds for divorce and agree with your spouse. Ask your spouse to promptly complete and return paperwork.

How long does divorce take in Indiana?

60 daysTypically, it takes at least 60 days before the court can finalize a divorce in Indiana. Once the divorce is filed, the court can issue temporary orders, but the actual divorce cannot be finalized until 60 days have passed from the date that the divorce was filed.

Equitable Distribution & Asset Division

  • Marital Property and Division of Assets in Indiana
    Indiana is an equitable distribution state which means assets are divided fairly and equitably, but necessarily equally. Assets acquired both during a prior to a marriage may be subject to division in a divorce. Property division is governed by several factors that are to be considered when divi…
  • Debts
    There is a presumption of a 50-50 split on debts in Indiana despite being an equitable distribution state. It is possible to make a case that debts should be divided differently, but you will need to convince a judge as to why this should be the case.
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Support Issues

  • Spousal Maintenance in Indiana
    There are several factors that will determine if spousal maintenance (alimony) in Indiana should be awarded or not. Spousal maintenance may be awarded for a set period of time, or there may be rehabilitative maintenance that will be awarded, but not for a period of longer than three years fr…
  • Child Support in Indiana
    Indiana uses the Income Shares Model for calculating child support. This formula uses weekly gross income of the parents and the number of children for which support is required. Deductions are made for child support paid to other children and maintenance paid to other spouses. Court…
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Custody and Visitation

  • Child Custody in Indiana
    Indiana uses Parenting Time guidelines which subscribe to the belief that it is usually in a child’s best interests to have frequent and meaningful contact with each parent. A parent who is not granted primary custody is entitled to reasonable parenting time unless there are extenuating cir…
  • Substance Abuse
    By itself, substance abuse is not considered one of the grounds for divorce in Indiana. However, if the use of drugs or alcohol is present in a marriage it could impact parts of the divorce settlement. Specifically, any drug use that negatively impacts children or a parent’s ability to car…
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Process

  • Bifurcation of marital status
    Bifurcation means that both parties in a divorce can legally declared as a single person while the other issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or b…
  • Disclosing Assets
    As part of the divorce process, both spouses must provide financial disclosures. This includes, assets, income and debts. This is so equitable distribution can take place in an appropriate way. Any attempt to hide assets could result in serious repercussions. If one spouse suspects that th…
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Other Issues

  • Domestic Violence
    Domestic violence in Indiana can include any kind of physical abuse, emotional abuse, stalking, or any other kind of harassment including those made through phone calls, mail, or social media inflicted on one spouse by the other. It can play a factor in a divorce, but those actions are secon…
  • Health Insurance
    Indiana courts generally require that both parties maintain status quo when it comes to health insurance during a divorce. However, after a divorce is granted, this does not mean that health insurance is required to continue. In fact, most employers will not carry an ex-spouse after a div…
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