Full Answer
How long do you have to file for divorce in Indiana?
where the petition is filed for three (3) months immediately preceding the filing of the petition. So, even if the other party no longer lives in Indiana, a party can still file for divorce in Indiana as long as they meet the state and county requirements.
Do you need an attorney to get a divorce in Indiana?
Even if you hire an attorney to represent you in a Indiana divorce, it’s critical for you to have a basic understanding of divorce laws. By getting educated, you can take a proactive role in protecting yourself. As an added benefit, you’ll also keep your legal fees down. Here’s what you need to know:
What happens after a final divorce hearing in Indiana?
The last stage in the Indiana divorce process takes place after the court approves the settlement agreement or issues its ruling after a final hearing: a decree of dissolution is entered. The decree makes the divorce official and final.
What happens after divorce papers are served?
What happens after divorce papers are served is then the next issue to be considered. Service means handing the divorce complaint to your spouse/the defendant. It also means verifying that the complaint was served – usually by the filing of an affidavit of service.
How long do you have to respond to divorce papers in Indiana?
sixty daysIndiana has a sixty (60) day waiting period before a divorce can be finalized after filing. If your spouse dismisses after the sixty days, and you refile, you will have to wait the sixty days again. Most divorces take longer than sixty days.
How long does a divorce take to finalize 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.
What happens after you file for divorce in Indiana?
Once a divorce is filed, you have to wait 60 days before the court can finalize the divorce. The court can issue temporary orders as soon as the divorce is filed, but the actual divorce and final orders cannot be done until 60 days have passed since the date the divorce was filed.
Can you get divorced without a lawyer in Indiana?
No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts.
How much does a divorce lawyer cost in Indiana?
While many factors can change the overall cost, it is typical for each spouse to spend $10,000 or more to complete their divorce....Divorce Filing Fees and Typical Attorney Fees by State.StateAverage Filing FeesOther Divorce Costs and Attorney FeesIndiana$157Average fees: $9,00051 more rows•Jul 21, 2020
How long after divorce can you remarry in Indiana?
Divorce on the Grounds of AdulteryStatePost-Divorce Remarriage Waiting PeriodIllinoisNoneIndianaNoneIowaNoneKansas30 days unless waived in Decree47 more rows
Can you date while separated in Indiana?
To be sure, there are no laws in Indiana that prohibit the spouses from dating other people while their divorce case is underway.
Does adultery affect divorce in Indiana?
Adultery Laws in Indiana Unlike some other states that have retained fault-based grounds for divorce, infidelity is not grounds for divorce in Indiana. The only time adultery has an impact on a divorce case is if one spouse used marriage assets to pay for the affair.
Does your divorce lawyer have to be local?
When it comes to legal separation and custody, having your attorney nearer is simply better. You want to make sure that the attorney you choose is local and will be available for court appearances and other legal matters whenever necessary.
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.
Is mediation required for divorce in Indiana?
While divorce mediation in Indiana isn't mandatory, most judges will require you to attend a few sessions before your final hearing. If you opt for a no-fault, uncontested divorce, then divorce mediation in Indiana could be the perfect way to reach a mutually acceptable marital agreement and ensure a low-cost divorce.
Can you contest a divorce in Indiana?
A divorce is contested if it is based on something other than the no-fault claim of “irretrievable breakdown of the marriage.” Divorces can be contested in two ways: 1) if the couple cannot come to an agreement, and/or 2) if a party chooses to pursue a ground for divorce and not pursue a no-fault divorce.
What are Indiana's divorce laws?
Although Indiana is a “no-fault” divorce state, the Petition for Dissolution of Marriage must declare the appropriate grounds upon which the dissol...
How long does it take to get a divorce in Indiana?
Typically, 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 o...
How much does a divorce cost in Indiana?
Unfortunately, how much a divorce costs is based on too many variables to provide an estimate of anticipated costs. The costs depend on the actions...
Can I file for divorce in Indiana without an attorney?
Yes. By its very nature, your dissolution involves the most important things in your life. It is imperative that you have someone who understands t...
Does Indiana grant divorces based on marital fault?
Yes, the grounds for which are the conviction of either party of a felony, impotence, or incurable insanity for a period of at least two years. How...
Does it matter who files for divorce first in Indiana?
From a legal standpoint, there are no implications for who files for divorce first in Indiana. However, there are advantages and disadvantages to s...
How is property divided in a divorce in Indiana?
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property wi...
How is spousal support or maintenance determined during a divorce in Indiana?
The court will make an award of maintenance from one spouse to the other in three circumstances. The first is if the court finds a spouse to be phy...
What is a wife entitled to in a divorce in Indiana?
During the divorce process, the court will examine the assets involved in the case and make a determination about who is entitled to what. Property...
How long does it take to get divorced in Indiana?
The divorce laws in Indiana require a minimum waiting period of sixty (60) days after the filing of the Petition for Dissolution of Marriage before the divorce can be granted by the Court.
How to contact an attorney for divorce in Indiana?
Call 1-877-77-AVNET to Schedule a Free Consultation with an Indianapolis Divorce Attorney today or contact us below with any questions you may have about your case and the divorce laws in Indiana or the Indiana divorce process in general.
What is the process of filing a motion for divorce in Indiana?
Another step in the Indiana Divorce Process that can take place at any time after the filing of the Petition for Dissolution is the filing of Motions. A motion is simply a party asking the Court to make a decision about something or to take some specific action.
What is the next step in the divorce process in Indiana?
The next step in the Indiana divorce process is the filing of the Petition for Divorce. In Indiana, a divorce is called a “dissolution of marriage” so under the divorce laws in Indiana, a divorce petition is actually titled a “Petition for Dissolution of Marriage.”
When is discovery required in Indiana?
While I call it the next step, discovery can actually occur immediately after the filing of the Petition for Dissolution of Marriage and any time after until the final hearing, or other court order setting a time period for discovery.
What are the grounds for divorce in Indiana?
Besides irretrievable breakdown of the marriage, Indiana also recognizes three other grounds for divorce, but they rarely come into play: (1) The conviction of either of the parties, subsequent to the marriage, of a felony; (2) Impotence, existing at the time of the marriage; or.
Can you mediate a divorce in Indiana?
In fact, the parties could even mediate before the Petition for Dissolution was filed to reach agreements for an uncontested divorce. Usually though, the parties have conducted some discovery or exchanging of information before mediation.
How long does it take to get a divorce in Indiana?
Typically, 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.
How is a divorce in Indiana granted? Will I have to go to court?
The court would then hear evidence on those issues from both parties, issue a ruling on the issues, and grant the couple a divorce.
How is property divided in a divorce in Indiana?
In Indiana, property will typically be divided in half. While that does not mean items will always be split 50/50, the value of marital property will generally be divided equally between the two. However, there are instances where the court will give one spouse more property than the other. This can be contingent on a number of factors including: spousal contribution to the marriage, child custody, earnings and earning ability of the parties, how martial property was acquired (inheritance, pre-marriage acquisition), and conduct of the parties in relation to property (how well did each spouse take care of property).
Can I get maintenance or will I have to provide maintenance to my spouse in a divorce in Indiana?
The court will make an award of maintenance from one spouse to the other in three circumstances. The first is if the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of that spouse to support himself or herself is materially affected.
Can I change my name at the time of divorce in Indiana?
A woman who desires the restoration of her maiden or previous married name must set out the name she desires to be restored to her in her petition for dissolution as part of the relief sought. The court shall grant the name change upon entering the decree of dissolution.
Can I get an annulment in Indiana?
An annulment may be granted upon a showing by a party of one of the following grounds: one spouse is under age or was mentally incompetent to consent; the marriage was obtained by fraud; one spouse is of unsound mind; or one spouse was married in another state with the intent to evade the marriage laws of Indiana.
Do I have to go to court for a divorce in Indiana?
You do not necessarily have to go to court. There are many ways to resolve most parties’ issues without litigation, including mediation and settlement conferences. If you cannot resolve all of the issues in this way, you can usually settle most of them. The remaining issues would then be litigated in court.
How long do you have to live in Indiana to file for dissolution?
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.
How much does it cost to get divorced in Indiana?
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.
How will you proceed with your divorce?
The type of divorce you choose sets the tone for how you will go about reaching a resolution.
What is the name of the person who files for divorce?
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.
What to do if spouse cannot be found?
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.
What paper do you need to file a tax return in Indiana?
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 .
How long does a divorce complaint take?
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.
How long does spousal maintenance last in Indiana?
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 from the date of the final decree.
What is the parenting time law 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 circumstances that could endanger the child, such as domestic violence or drug abuse.
What is the conduct of the parties during the marriage as related to disposition or dissipation of their property?
the conduct of the parties during the marriage as related to disposition or dissipation of their property. the earnings or earning ability of the parties related to a final division of property and final determination of property rights of the parties.
When does child support end?
Child support ends when the child turns 21 unless the child is emancipated before that time, the child is incapacitated in which case support could continue indefinitely.
Do you have to have health insurance for your children after divorce?
In fact, if it is reasonable, a parent will be required to carry health insurance for their children following a divorce as part of the settlement. A spouse can also apply for COBRA benefits which is a law that protects people from losing health coverage during major life transitions.
Can you split your marriage in Indiana?
Bifurcation of marital status is allowed in Indiana, but state law requires that both parties file a joint motion to bifurcate a marriage.
Does Indiana have a prenuptial agreement?
Indiana is only one of a handful of states that divide property acquired before marriage. Spouses need to execute a pre-nuptial agreement prior to marriage to ensure property is kept separate. Property division is governed by several factors that are to be considered when dividing assets. These factors include:
What happens after divorce papers are served? Who serves divorce papers?
According to the New Jersey Courts, “either partner in a marriage, civil union or domestic partnership can file for divorce in New Jersey as long as at least one member of the couple lives in the state.” There are additional rules for filing divorce if either spouse lives out of state.
What happens after divorce papers are served? How long after being served divorce papers do you have to respond?
The question of how long do you have to respond to divorce papers in New Jersey is normally 35 days. If no objections are filed, then the spouse who started the divorce can seek to have a final divorce decree entered – after a hearing date to double-check that your spouse still agrees to the divorce.
What happens after divorce papers are served? What to do when served with divorce papers?
If you are served with divorce papers, you should speak with a seasoned New Jersey family lawyer as soon as possible. Your lawyer will review whether your agree to the divorce or wish to contest it.
How long do you have to respond to divorce papers in Georgia?
In Georgia, you have 30 days to respond to your divorce papers before your divorce goes into default, and you lose your rights. Your attorney can help you with drafting and delivering the papers so they are formally written and received before the deadline.
What to do after hiring a divorce attorney?
The next step after hiring your attorney is responding to the divorce papers and making a counterclaim. Responding to the divorce papers is an important step as it alerts the courts that you want to be involved in the proceedings and that you will be exercising your rights.
What is a counterclaim in divorce?
In addition to the response, your attorney will also help you craft a counterclaim. The divorce papers that were served to you outline the outstanding issues of the marriage and states the assets that should be divided, including finances, tangible assets, alimony, child custody, and more. A counterclaim allows you to counter ...
How can an attorney help with divorce?
Attorneys can make the divorce process much easier on you , your spouse , and your children by maintaining important deadlines, mediating stressful communications, and building your case. They can also help advise you on properly communicating with your spouse so you can make arrangements regarding your children on issues such as temporary custody, ...
How is divorce settled?
Most divorce cases are settled outside of court through mediation. Whether your divorce is settled through mediation or it goes to court, your attorney will help represent you and your interests.
What to do after a divorce?
Your attorney will ask you to start compiling financial records and take inventory of your individual assets. Having proof of what you’ve contributed to the marriage financially will help support your claims in the divorce papers and counterclaim.
What happens if you miss the court response deadline?
If you do miss the response deadline, you may be able to file a late response if you pay court fees. Speak to your attorney about this option if you have missed the deadline.
Pre-Petition For Divorce
This is not really a stage “in” the Indiana divorce process but it is still important. This is a stage where many people reading this article may be right now – researching the divorce laws in Indiana. Many people have not yet filed for divorce but they are contemplating it, or have been separated for some time and are now …
Petition For Dissolution of Marriage
- The next step in the Indiana divorce process is the filing of the Petition for Divorce. In Indiana, a divorce is called a “dissolution of marriage” so under the divorce laws in Indiana, a divorce petition is actually titled a “Petition for Dissolution of Marriage.” If you were not the one who filed for divorce, or did not know your spouse was going to file for divorce, being served with divorce pap…
Notice / Service
- Indiana Code 31-15-2-8states: Whenever a petition is filed, a copy of the petition, including a copy of a summons, shall be served upon the other party to the marriage in the same manner as service of summons in civil actions generally. This is known as Notice or Service of the divorce petition. The notice requirement can be accomplished in a few w...
Waiting Period
- After filing the Petition for Dissolution of Marriage and providing notice to the other party, you need to be aware of the waiting period.
Provisional Hearings
- If the parties cannot come to an agreement on some or all of the issues in the divorce, a final hearing may be necessary. A final hearing is essentially a trial in front of the judge regarding the issues to be decided in the divorce: the division of assets, maintenance (if any), custody of minor children, parenting time, child support, etc. The parties present evidence and the judge makes th…
Discovery
- Discovery is the next step is the Indiana divorce process. While I call it the next step, discovery can actually occur immediately after the filing of the Petition for Dissolution of Marriage and any time after until the final hearing, or other court order setting a time period for discovery. Discovery is the process in a lawsuit or divorce where each party can obtain evidence from the other party …
Motions
- Another step in the Indiana Divorce Process that can take place at any time after the filing of the Petition for Dissolution is the filing of Motions. A motion is simply a party asking the Court to make a decision about something or to take some specific action. For example, as we discussed above, a party could file a motion asking the Court to set a date for a provisional hearing. Likewi…
Mediation
- Mediation is another step in the Indiana divorce process that can take place at any time after the filing of the divorce. In fact, the parties could even mediate before the Petition for Dissolution was filed to reach agreements for an uncontested divorce. Usually though, the parties have conducted some discovery or exchanging of information before mediation. Sometimes, mediation is ordere…
Settlement Agreements
- If the parties are able to agree on all the issues in the divorce, including a division of the assets and custody arrangements for the minor children, then they can sign and submit a settlement agreement to the court instead of having a judge decide the issues at a final hearing (trial). Usually, the parties will also sign a Waiver of Final Hearing, letting the Court know that the partie…
Final Hearing
- As I stated earlier, if the parties cannot come to an agreement on some or all of the issues in the divorce, a final hearing may be necessary. A final hearing is essentially a trial in front of the judge regarding the issues to be decided in the divorce: the division of assets, spousal maintenance(if any), custody of minor children, parenting time, child support, etc. The parties present evidence …
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.
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…
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…
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…
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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