STEP 1: STARTING YOUR INDIANA DIVORCE
Simpson offers free initial phone consultations. He is a member of the Indiana State Bar Association, making him one of the more qualified divorce attorneys in Indianapolis, and focuses his practice primarily on cases in Hamilton, Marion, Hancock, Hendricks and Boone counties.
To file for a divorce without a lawyer, you will have to fill out the divorce forms, such as the petition for divorce and the divorce settlement agreement. Most states offer uncontested divorce forms that you can download or get in your country courthouse. Once you get them, you will have to:
Divorce in Indiana is legally referred to as Dissolution of Marriage. Residency Requirement: To file for a divorce or legal separation, either party must be (20) β¦
With a waiting period of just 90 days, with or without minor children, Indiana Before you can file for divorce in Indiana, at least one spouse must live (31) β¦
To obtain a divorce in Randolph County, one must first file a petition for dissolution of marriage. You can visit the Indiana Coalition for Court Access (14) β¦
Indiana laws do not provide a requirement that a person must have a lawyer to file for divorce. Even though it is easier to arrange a divorce case with legal Can I really file for divorce in Indiana without a lawyer?How can I file for divorce in Indiana without a lawyer? (16) β¦
An uncontested divorce in Indiana is generally much less expensive than litigation. Spouses who reach agreement file a settlement agreement with the court (12) β¦
For couples without children of the marriage, a divorce can actually be finalized sooner, It is best to have an attorney help you file a divorce. (25) β¦
Neither the Hancock County Clerk nor staff may give legal opinion or advice; therefore, contacting an attorney may be best. It is recognized that some (29) β¦
The chart listed below suggests which states have waiting durations and/or separation requirements. Can we still live together during the divorce?
In Louisiana and Virginia, for example, the separation requirement doubles β from 6 months to one year β when the parties have minor children together. See: Can You Get Divorced While Cohabiting for separation requirements for each state.
Michigan, which boosts the waiting duration from two months to 6 months when the celebrations have small kids, is a notable exception to this. How fast can you get a divorce. How to get easy divorce in indiana without a lawyer.
Divorce is a permanent and legal end to a marriage. In Indiana, divorce is legally referred to as Dissolution of Marriage. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after a final decree is issued.
After papers have been filed, Indiana has a 60-day waiting period before a court will either grant a final decree or move forward with a hearing. The exact amount of time for an uncontested divorce to be granted may vary due to the caseload of the local court and the availability of judges to review and sign off on the final decree.
Once your forms are filed with the court , your spouse must be notified of the pending action by serving them with a copy of the legal documents.
Filing fees vary by county in Indiana, ranging from $132 to $152 depending on the county where you live. If you have children, you may also have to pay to attend a parenting class for helping children get through a divorce.
The state allows the following reasons to be cited in a fault-based divorce. A felony conviction. Impotence. Incurable insanity for at least two years after the date of marriage. A spouse may cite a fault-based reason as an attempt to gain a more favorable settlement in negotiations or during a trial.
The number of copies you will need to file varies by county, but Indiana has a statewide rule that says any documents containing confidential information (bank account numbers, Social Security numbers, tax records, etc.) must be printed on light green paper .
A decree for legal separation may be sought if the circumstances of a marriage make it intolerable for the couple to live together, but they still want to maintain the marriage. Legal separation allows the court issue orders about spousal support, a division of assets, and child visitation and custody.
How much does it cost to file for a divorce in Indiana? Filing fees vary by county in Indiana, ranging from $132 to $152 depending on the county where you live. If you have children, you may also have to pay to attend a parenting class for helping children get through a divorce.
Prior to filing your Petition for Dissolution, you must reside in Indiana for six months and in the county where the petition is to be filed for 90 days.
If you are working with an attorney, they will guide you through this process. If you are the one initiating the divorce process, you will be known as the petitioner. If your spouse is the one who files the initial papers, then you will be known as the respondent.
If the spouse cannot be found after a diligent search, then the petitioner can ask the court to serve that person by publication . The clerk prepares a summons which is then published in a local newspaper for a specified amount of time.
The number of copies you will need to file varies by county, but Indiana has a statewide rule that says any documents containing confidential information (bank account numbers, Social Security numbers, tax records, etc.) must be printed on light green paper .
The person named in the divorce complaint has 30 days to respond after the last notice of the action has been published. If there is no response, a judgment by default can be entered to satisfy the complaint.
Once your forms are filed with the court , your spouse must be notified of the pending action by serving them with a copy of the legal documents.
Indiana Legal Services uses the law to fight poverty, empower clients, and improve access to justice.
Please consider donating to Indiana Legal Services. We are a not-for-profit corporation, and your donations are tax deductible to the extent allowable by law.
It's # WednesdayWisdom time, folks! Today's quote comes from famed American jazz singer Ella Fitzgerald. Where do y⦠https://t.co/6sSCY7yBt0
This form packet may be helpful for spouses that want to ask the court for a divorce AND#N#1. One or both spouses have lived in Indiana for the last six months; and#N#2. One or both spouses have lived in their current county for at least the past three months; and#N#3. The spouses have biological or adopted minor children together; and#N#4. The spouses have an agreement on custody, parenting time and how property (including housing, cars and retirement accounts) and debts should be divided.
1. The spouse asking for the court to dismiss the divorce is the also the spouse that filed the divorce (is the Petitioner); and. 2. The court has not yet granted the divorce. These Motion to Dismiss forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed.
The spouses have an agreement on custody, parenting time and how property (including housing, cars and retirement accounts) and debts should be divided. These Divorce With Children and With Agreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed.
The spouses DO NOT HAVE an agreement on custody, parenting time and/or how property and debts should be divided. These Divorce With Children and Without Agreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed.
The spouses DO NOT HAVE an agreement on how property and debts should be divided. These Divorce Without Children and Without Agreement forms can be printed and completed with handwritten answers, or they can be filled out on the computer and then printed.
Uncontested divorce is sometimes known as "divorce with agreement on all issues.". The name explains it all. To get an uncontested divorce in Indiana, you'll need to agree with your spouse on how you will deal with: if you have minor children, custody, parenting time (visitation), and child support.
Once your paperwork is filed, you'll need to wait 60 days for your divorce to be finalized (Ind. Code Β§31-15-2-10 (2021)). Some couples are able to resolve some issues in their divorce, but not all of them.
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.
On the main form, the "petition for dissolution of marriage, " you will provide basic information about you and your spouse, as well as any children of your marriage who are younger than 21 or are incapacitated. For an uncontested divorce, the form includes a statement that your marriage "has suffered an irretrievable breakdown," which is Indiana's no-fault ground for divorce. (Indiana law also allows three fault-based divorce grounds, but they wouldn't typically be appropriate for an uncontested divorce because you'd have to prove your spouse's fault.)
That means that one of you (the "petitioner") will file the initial forms. On the main form, the "petition for dissolution of marriage," you will provide basic information about you and your spouse, as well as any children of your marriage who are younger than 21 or are incapacitated.
In fact, you may be able to avoid going to court altogether if you get what's known as an uncontested divorce. This article provides an overview of the process for obtaining an uncontested divorce in Indiana.
Divorce (known as a dissolution of marriage in Indiana) doesn't have to be painful. If you and your spouse are willing to take the high road through compromise and working out your differences, you can have a relatively peaceful, quick divorce in Indiana.