Online Divorce in Indiana

How to Get A Divorce in Indiana

Once you make sure there are legal reasons for divorce, you will be all set to begin the process.

Not sure where to start?

decree of dissolution will be your starting point.

Despite being a “no-fault” state, the divorces in Indiana must be declared by the Dissolution of Marriage. The Petition is not the only document you will need to prepare when filing for legal separation or divorce.

To get a divorce in Indiana, you also need to file the summons and financial declaration. If there are minor children, each party must complete the Child Support Obligation Worksheet too.

Abandonment is another thing that comes into play in some divorce proceedings. Not all divorces are equal. The process is slightly different with and without children. Let’s take a closer look at  different situations and requirements.

Valid Grounds to Get Divorce in Indiana

Before filing for divorce, make sure you meet some requirements and regulations. Legal grounds for divorce in Indiana include:

  • Conviction of a felony
  • Incurable insanity for a minimum of 2 years
  • Impotence during the marriage

Requirements for an Uncontested Divorce in Indiana

Spouses interested in getting an uncontested divorce must reach an agreement on parenting time, custody, child support, alimony, debt allocation, and division of property. If a divorcing couple doesn’t agree on at least one of these requirements, they will not be able to get an uncontested divorce.

Indiana Divorce Process

Divorce isn’t as easy as a relationship breakup. In addition to dealing with your emotions, you will also have to consider legal issues arising from your divorce. You need to examine your finances, hire an attorney, prepare a bunch of papers, attend court hearings, and much more.

It is a whole lot easier to work towards ending a marriage when you know where to start and what to expect. Read on to learn what to consider when filing for a divorce in Indiana.

Divorce filing requirements

  • As for the Petition for Dissolution of Marriage, make sure it’s typewritten on 8.5″x11″ white paper.
  • You will have to file an original (must be verified) as well as a copy of the Petition in the Domestic Relations Counseling Bureau (reach Marion Superior Court). A verified petition enables you to establish and confirm your marriage history.
  • With regard to Domestic Relations Summons, you will also be required to file an original as well as a copy of this document.
  • Apart from that, you need to complete and file a Domestic Relations Appearance Form along with the petition.

Residency Requirements

  • Either your spouse or you must have lived in this state for at least 6 months.
  • One of the spouses has taken up residency in the county where the divorce takes place for a minimum of 3 months.

Without Children

You can enter a settlement agreement no matter if you have children or not. However, in the event of minor children, you will have to file different forms.

It is also possible to get a divorce without an agreement. Make sure neither your spouse nor you nor are pregnant. In addition, you must not have an adopted or biological minor child with your spouse.

With Children

Getting divorced with children requires completing an agreement packet. The packet should include a Child Support Obligation Worksheet besides other documents. When it comes to bifurcated divorces, the court reviews partial settlement agreements to be sure it suits the children’s interests.

Aside from custody and child support payments, there’s also spousal support (alimony). Use a spousal support calculator to estimate your costs associated with alimony or spousal maintenance.

Indiana Family Laws

Family law refers to everything from child custody and child support to alimony and spousal support. It also includes protective orders, domestic abuse, and stalking. Let’s dig a bit further.

Spousal Support, Maintenance, or Alimony

Indiana outlines various factors that determine the most appropriate spousal support. Spousal maintenance (also called alimony) is awarded when the court enters a legal separation or decree for divorce.

Alimony is meant to limit economic divorce effects that seem unfair. It serves as a financial award that one of the ex-spouses regularly pays to the other party. This allows a non-wage spouse to have an ongoing monthly income.

A prenuptial agreement often affects spousal support. Unlike child support, it isn’t always guaranteed.

Custody and Visitation

There are 2 kinds of child custody in India: physical and legal custody. In both cases, custody can be shared (joint custody) if both spouses have custody and sole if only one party has custody.

As an unmarried father, you will be required to establish paternity to pursue your custody rights. If you’re a noncustodial parent, you’ll be allowed to see your children and spend time with them from time to time.

Your parenting time (visitation) rights will be taken away completely or limited if you are regarded as a ‘danger’ to your children.

Child Support

Calculating child support relays on the income shares model in Indiana. Noncustodial parents are required by law to financially support the custodial parent.

Child support helps with the costs of raising childer after getting divorced. It should cover the health insurance and basic living costs of children at the very least. Sometimes non-custodial parents are also required to pay for the medical and hospital expenses as well as children’s educational costs.

Different factors are used when determining child support, including:

  • The children’s educational, physical, and mental, needs
  • The children’s standard of living
  • The parents’ financial resources

Indiana Divorce Papers and Forms

Listed below are papers and forms that should be filed to complete a divorce in Indiana:

  • Petition for Dissolution of Marriage (must be verified)
  • Decree of Dissolution of Marriage
  • Appearance Form
  • Summons
  • Waiver of Final Hearing
  • Temporary Order
  • Notice of Provisional Hearing
  • Notice of Final Hearing

You can get these documents from the appropriate court clerk or find them online. Visit the Indiana Judicial Branch Supreme Court site, particularly the section about divorce papers/forms, to download documents required.

It takes about 5 days to prepare all of these papers and forms. This job can be done without an attorney today thanks to online divorce preparation services.

How to File Divorce Papers in Indiana

Once you prepare all the necessary divorce documents, you will need to file them properly. Here’s a step-by-step description of how to file divorce papers in Indiana.

File your divorce paperwork

Divorce papers need to be printed out in the county clerk’s office where spouses reside. Considering that filing requirements may differ from county to country, it’s advisable to call ahead before filing divorce paperwork. This will ensure that you bring all the papers needed.

TIP: Prepare a minimum of 3 sets of divorce papers: 1 to serve the other party (your spouse), 1 for the court clerk, and 1 for your own records.

NOTE: Every divorce document containing confidential information — Social Security numbers, bank account numbers, and so on — must be printed out on light green paper.

Serve your spouse

After filing for divorce in Indiana, the spouse will need to serve the divorce copy to her/his wife or husband. This act obliges the non-filing party to respond as soon as possible.

The service of process is a matter of formality in most cases. Even so, some spouses have a hard time serving the other party in a divorce. Ask the competent court in your country for help if needed.

Financial Disclosures

Financial disclosures include everything from debts to obligations and bills. You will have to attach the Financial Declaration Statement besides other divorce papers and forms. This document shows the amount of all bills, obligations, and debts involved.

The declaration should be exchanged between the spouses within sixty days upon filing the Dissolution of Marriage. If either spouse fails to exchange and complete this form within this period, the judge will impose sanctions.

How to Serve Divorce Papers in Indiana

Once you’ve created copies of your divorce documents, you will have to serve them to your spouse. That can be performed in a few different ways in Indiana. You can hire a sheriff’s deputy, use a private process server, or send papers via certified email.

You’re advised to do it by using a process server or sheriff. While going through a certified email is the cheapest option, you may have a problem if the other party is not cooperative. Whatever method you choose, you’ll have to prove the divorce papers have been served to your spouse.

How to Get a Divorce in Indiana Without a Lawyer

Hiring a lawyer to gather divorce papers and do other things on your behalf means additional costs. While it can increase your chances of getting a successful divorce, you may end up with a few thousand dollars less in your bank account.

Many people file divorce papers using online legal aids without hiring a divorce lawyer. That can save them thousands of dollars in legal expenses. Divorce attorneys charge around $250 per hour, which can leave a $3,000 bill or more in the end.

CompleteCase is a divorce preparation service that is aimed at helping divorcing couples avoid the costs and stress linked to their divorce case. Using this helpful service, you can save up to 90% of the total cost at the end of the day.

It will also save you time. In fact, CompleteCase will save you the hassle of gathering and preparing divorce papers. Note that this time-consuming process may take you several days if you do it all by yourself without an attorney.

The service is fairly easy to use. Nevertheless, you will receive filing instructions that will make it easier for you to file divorce documents. No extra fees for assets, children, and minor case alterations.

Common Questions

How is property divided in a divorce in Indiana?

The court divides property in a manner that’s considered most fair, not equally always, no matter when the property has been acquired and which party owns it.

How much does a divorce cost in Indiana?

Complicated divorce cases that take too long might cost you thousands of dollars. On the other hand, the cost of simple divorce cases is as low as several hundred dollars.

You should expect to pay about $150 when filing for divorce, from $50-$100 for parenting classes, and around $30 when serving the petition. As for the attorneys’ fees of divorce proceedings, most lawyers charge by the hour – around $250 per hour.

How long does it take to get a divorce in Indiana?

Once you have filed for divorce, it will take the court a minimum of 60 days to finalize your case. If a divorcing couple disagrees about property division or custody, a judge will schedule hearings, which leads to a prolonged process.

How can I get a copy of my divorce in Indiana?

Divorcing couples need to contact the Courts and Clerk’s Offices to get a certified copy of their divorce certificate in Indiana. Be sure to contact the office in the county where your divorce takes place.

Do my spouse and I need to live in Indiana to get a divorce?

At least one of the spouses needs to live in this state for 6 months before filing for divorce. Also, the other party must live in the county where the divorce petition has been filed for at least 3 months.

How to get a copy of the divorce decree in Indiana?

You will need to visit the clerk’s office to request and obtain a copy of the divorce decree. The office must be located in the county in which your marriage occurred.

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